Such a Day is the Beginning of the Implementation of the Iranian Judicial Law in the French Style
Today is a happy and victorious day of Den Izad and the month of Farvardin, the year 3759 Zoroastrian calendar; Tuesday, 24th Farvardin, the year 1400 official calendar, and April 13, 2021 AD.
The first law of penal code and criminal procedure of Iran, which was preserved for the past 5 decades, came into force on April 13, 1936.
This law was a translation of the 1804 French code of civil procedure of 1804, which is still in force in French-speaking countries such as Belgium. The French Criminal Procedure Code was signed by Napoleon Bonaparte in April 1804 and has been used since April 13, and Iran adopted it 122 years later. According to this system, unlike the english system, in which criminal courts must meet in the presence of a jury, and judge about guilt or innocence, verdict is given by this panel which is made of ordinary people. Making any decision is left to the judge, and the lower court’s judgements can be appealed and investigated. In the French judicial system, the investigator and the prosecutor issue a conviction and an indictment. According to the documents obtained, no deal is made with the accused to confess to the promise of commutation of punishment. And sometimes to admit that in the Anglo-Saxon court system, “Plea Bargain” is accustomed in America and has been criticized for years.
In Iran, the Penal Code was written during the reign of Naser al-Din Shah Qajar (1250), and before the parliament was established, a man named “Conte de Monte Forte” came from France and created a notebook in which he defined the red lines for the Iranian urban society, and which was approved by the government and turned into guidelines for administration of the society.
This law was named “Conte de Monte Forte notebook”. Before codification of legislation in Iran, we had a notebook for law: “For the first time, Nasser al-Din Shah took the path of secularization. Before the Constitution, there was both a booklet of translations of European law and the law of penalties that covered Iranian society’s semi-urban and rural life.
After ratification of the constitution and the beginning of the work of the Iranian parliament and the National Assembly, its laws were written in a special manner. Therefore, we did not have a comprehensive set of laws until 1304 (Iranian official calendar), when a law called “general penal code” or in other words the public penal code was written. Then the names in this law were changed. This law was written before the criminal procedure in 1291 during the Qajar period, and these became the base of modern Iranian criminal law. The Penal Code law was also taken from Napoleon’s law in 1810 and translated its parts, and in religious cases, Tazir and Qisass were generally subject to religious standards. And it is said that this was the only period in which Tazir and Qisas were enforced.
Den (religion) is a Persian word and means conscience, insight, and introspect that has been placed in every human being by Ahura Mazda, to help him find the right path to pave.
Daena (den) is the name of the 24th day of each month in the Zoroastrian calendar, and the guardianship of the twenty-fourth day of the month is given to the god of religion (Den Izad). Den is the name of an Izad (god) of the Zoroastrian gods, the guardian of the pen. On this day children are sent to learning institutions.
Abu Rayhan al-Biruni has mentioned the name of this day as “Den” in the list of Iranian days, and in the Soghdian language it is also called Den and also in the Kharazmi language. Den derived from the word “Daena”, is of the same meaning as Sorush, meaning conscience.
Insight has been put by Ahura Mazda into every human being so that he can find the right and proper path in life with its power and walk in it.
In Sanskrit, Gathas, and other parts of the Avesta, the word “daena” occurs eight times. Den in Gathas has different meanings, like faith, religion and Sorush.
Ferdowsi has a verse about this Izad:
Your faith should be people’s happiness
And your religion should be honesty and chivalry
Remembering the 24th of Farvardin:
- Coronation of Ahmad Shah, (1302 SH)
- The beginning of the world’s first general vaccination to prevent paralysis
- Yuri Gagarin, a Russian astronaut, travels into outer space as the first man (1961)