Chapter Three
Organization, Structure and powers of the Courts of Appeal:
Organization of the Court of Appeals:
Article 31:
(1) Court of Appeals shall be established in all the provinces in accordance with this law.
(2) The Court of Appeals shall be composed of chief of the court, heads of Dewans and
other
judicial members. Head of the Court of Appeals shall be selected from among the judges
who
have enough qualification, experience and competency.
(3) Head of the General Criminal Dewan shall be deputy head of court of appeals.
Structure of Dewans of Courts of Appeal:
Article 32:
(1) The Courts of Appeal shall contain the following Dewans:
1. General Criminal Dewan
2. Public Security Dewan
3. Civil and Family Dewan
4. Public Rights Dewan
5. Commercial Dewan
6. Juveniles Dewan
(2) There shall not be more than six judicial members within each Dewan of the Court of
Appeals.
(3) General Criminal Dewan of court of appeals shall resolve traffic originated cases.
(4) The Supreme Court may as needed establish other Dewans within the structure of the
Court
of Appeals with the approval of the President.
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Follow-up on decisions and rulings (Qarar)
Article 33
(1) The Court of Appeals shall oversee the rulings and decisions of the lower courts, in
situations
according to the provisions of the related laws.
(2) The Court of Appeals while resolving cases set forth in clause (1) of this article shall
reconsider the whole legal process. It may correct, overturn, amend, confirm or repeal the
rulings
and decisions of the lower courts.
Resolving Conflict of Judicial Jurisdiction
Article 34:
(1) Whenever there is a conflict over jurisdiction of resolving a criminal case between
two courts
within jurisdiction of a single Court of Appeals, an authorized board made up of the chief
of the
Court of Appeals as head and the heads of Dewans shall decide on which court has the
jurisdiction to decide a case.
(2) Deciding about the future of the accused that is in custody as mentioned in clause (1)
of this
article shall only be the jurisdiction of the Court of Appeals.
Finality of decisions and rulings
Article 35:
The issued decisions and rulings of the Court of Appeals shall be final in all relevant
cases.
Duties and Powers of head of the Court of Appeals
Article 36:
The head of the Court of Appeals has the following responsibilities and powers:
1. lead and organize activities of the respective Dewans
2. Preside over the judicial meetings of the Dewans, when necessary
3. Assign member of one Dewan to another on temporary basis.
4. Assign one of the judges of the court of appeals to the primary courts when necessary.
5. Delegate the authority of resolving a certain case from one Dewan to another, when
necessary.
6. Coordinate judicial experiences of respective Dewans.
7. Preparation of activity reports of Dewans and courts and delivery of the reports to the
Supreme Court.
Supreme Court’s Final Draft /Checchi/ Translation/Fayeq, May 19, 2005
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Presiding over meetings
Article 37:
Heads of the Dewans of the Court of Appeals shall have the responsibility of leading the
respective Dewans as well as presiding over meetings. In case head of the court of
appeals
presides over judicial meeting, the head of respective Dewan shall then be considered as
member.
Responsibility
Article 38:
The head of each Court of Appeals and each judge and head of each Dewan shall be
responsible
for deciding cases in a timely manner according to the law, correct application of the law,
and for
explaining the ground for their decision.
Branches of the Court of Appeals
Article 39:
Each Court of Appeals and relevant Dewans shall have administrative branches and
personnel
whose activities and manner of performance shall be specified through separate
regulations.
Chapter Four
Organization, Structure and Jurisdictions of Primary Courts
Organization
Article 40:
(1) In the jurisdictional area of each Court of Appeals, there are these primary courts:
1. Central provincial primary court
2. Juveniles Court
3. Commercial Primary Court
4. District Primary Court
5. Family Issues primary court
(2) The Supreme Court may establish more courts in the centers of provinces when
required after
approval of the president.
Primary Court Structure
Article 41:
(1) A Central primary court shall be comprised of the following Dewans:
Supreme Court’s Final Draft /Checchi/ Translation/Fayeq, May 19, 2005
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1. General Criminal Dewan
2. Civil Dewan
3. Public Rights Dewan
4. Public Security Dewan
5. Traffic Criminal Dewan
(2) The Dewans of central primary court shall have one head and no more than four
members.
Resolving cases by Dewans of primary courts
Article 42:
Central provincial primary courts shall have the relevant Dewans to resolve cases in
primary
level in accordance with law:
1. Resolving general criminal cases by General Criminal Dewan.
2. Resolving civil disputes between natural persons by Civil Dewan.
3. Resolving civil disputes between natural and legal individuals/entities or among legal
entities by Public Rights Dewan.
4. Resolving criminal cases of public security and interest, drug trafficking and other
crimes
by Public Security Dewan in accordance with law.
5. Resolving traffic criminal cases by Traffic related Crimes Dewan.
Leading court and Dewans
Article 43:
(1) There shall be a head for the central provincial primary court to lead and manage the
judicial
and administrative activities of the Dewans and shall attend their meetings when
required.
(2) Heads of the primary court Dewans shall lead meetings of Dewans. In case head of
the
primary court presides over judicial meeting of the Dewan, head of the respective Dewan
shall
thus be considered as member.
(3) Head of the General Criminal Dewan shall at the same time be deputy head of the
central
primary court.
Juvenile court
Article 44:
(1) There shall be established a juvenile primary court in the center of every province.
(2) The juvenile primary court shall be made up of a head and four members.
In case the head is absent due to any reason, his/her powers and duties shall be
transferred to one
of the judicially experienced judges.
(3) The method to resolve juveniles’ offences shall be determined by a special regulation.
Supreme Court’s Final Draft /Checchi/ Translation/Fayeq, May 19, 2005
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Commercial Primary Court
Article 45:
(1) A commercial court shall be established in center of every province. This court shall
have a
chief and four other members.
(2) In provinces where commercial court is not available, dealing with commercial cases
is the
jurisdiction of the civil Dewan of the provincial central primary court.
Resolving special cases
Article 46:
Based on the case, the commercial, public rights and public security cases within the
judicial
jurisdiction of a Court of Appeals shall be initiated in the commercial court and in the
relevant
Dewans of the provincial central primary court.
District Primary Court Structure
Article 47
(1) The District primary court shall consist of a chief and two members. In the areas
where there
are no members available, the cases shall be decided by fewer than three.
(2) The chief of the district primary court shall lead the court. In his/her absence, the
responsibilities and powers shall be transferred to the most judicially experienced judge
on the
court.
District Primary Court Jurisdiction
Article 48:
District Primary courts shall deal in primary stage with all ordinary criminal, civil and
family
cases which are legally presented to them.
Temporary Assignment of Judge
Article 49:
In case of the article 48 of this law, whenever the court has only one judge or some other
situation occurs which requires the assignment of temporary judge; the chief of the Court
of
Appeals shall have the authority to appoint one of the Court of Appeals’ judges on
temporary
service basis.
Establishing Other necessary Dewans
Article 50:
(1) The Supreme Court may, as needed, establish other Dewans within structure of the
CENTRAL provincial primary courts after approval of the president.
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(2) The Supreme Court may, as needed, establish other Dewans within structure of
DISTRICT
provincial primary courts after approval of the president.
Resolving multiple crimes
Article 51:
(1) A criminal shall be tried in the court which has the jurisdiction of resolving cases, in
accordance with this and other laws. In case a person commits multiple crimes each of
which
requires an individual resolving by different courts, the courts dealing with serious crimes
shall
have jurisdiction of resolving the case first. In case the committed crimes are in one level
of
gravity, the jurisdiction of resolving the case shall be on the court which has already
begun
resolving the charges made against the accused.
(2) If a person committed multiple crimes which in terms of jurisdiction is subject to two
(specialized and ordinary) courts, each of the courts shall based on the nature of the crime
have
jurisdiction on the case. In case the committed crime is multiple which is indivisible, the
case
shall be resolved by the court which has jurisdiction of resolving crimes of higher
gravity.
(3) Crime accessories and assistants shall be tried in the court in which the actual
criminal is
tried.
Responsibility
Article 52:
The chief of each Primary Court, heads of Dewans and their judicial members shall be
responsible for deciding cases in a timely manner according to the law, correct
application of the
law, and for explaining the ground for their decision.
Finality of Decision
Article 53:
The decisions of the primary courts are absolute and final in the following situations:
1. When both parties agree upon the issued decision of the court.
2. When the time for appealing has expired.
3. When the disputed property is worth up to 100,000 Afgs.
4. When the order for a cash fine of 50,000 Afgs is issued
5. Other situations set forth in law.
Administrative Branches
Article 54:
Primary courts shall have some administrative branches and personnel whose activities
and
manner of performance shall be specified through separate regulations.
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Registration of documents and deeds branches
Article 55:
(1) In the structure of every Court of Appeals, there shall be established Directorates of
Documents and Deeds Registration (DDDR). There shall be a head in charge of a
directorate and
shall lead and manage the activities of the directorate.
(2) The head and professional members of the DDDR shall be appointed from among the
judges
who have judicial authority.
(3) In the districts where there is no such directorate for legal documents registration, the
district
courts shall have the authority to perform these duties.
(4) Duties and powers of the DDDR’s shall be regulated through special legislation.
Registration of documents and trademarks
Article 56:
Registration of commercial documents and trade marks shall be the jurisdiction of the
commercial court.
Reporting
Article 57:
Heads of the primary courts and DDDR’s shall be duty bound to report on their activities
to the
court of appeals.
Chapter Five
Issues concerning judges and the employees of the judiciary power
Conditions of being judge
Article 58:
(1) On the recommendation of the Supreme Court and with approval of the president, any
qualified person meeting following requirements shall be appointed as a judge:
1. Upon appointment as judge, hold the citizenship of Islamic Republic of Afghanistan
for
at least ten yeas.
2. Not be convicted of any crime or intentional misdemeanor by absolute and final
decision
of an authorized court.
3. Hold the BA degree from any faculties of law or Shariha or above it or holds diploma
on
Religious Studies from an officially recognized center or equivalent.
4. Not have any illness or disability which impedes a judge performance of duties.
5. Has completed the age of 25 upon appointment.
6. Have passed the practical stage of judicial training course successfully.
Supreme Court’s Final Draft /Checchi/ Translation/Fayeq, May 19, 2005
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(2) The holder of diploma on religious studies from an officially recognized center or
equivalent
and by meeting the requirements set forth in conditions 1,2,4,5 and 6 of clause 1 of this
article
may be appointed as member in the primary court for a period of first three years.
(3) When the number of applicants exceeds the number of vacancies available, the
Supreme
Court may add more conditions for its admission.
Oath taking
Article 59:
Before occupying the position as judge, a person must swear in front of chief and
members of
Supreme Court as follow:
“I swear by the name of the Almighty Allah that I perform my duty with full trust and
dignity
and impartiality, respect and implement provision of Islamic shariah , constitution of
Afghanistan and other laws of the country , respect confidentiality of my duty ,will not
commit
any crime , violation of other rights, injustice and bribery directly and in directly.”
This text must be written on a board and after signature of the judge be hung where the
judge is
employed.
Appointment and transfer of judges
Article 60:
(1) The appointment, transfer, upgrading, retirement, extension of the appointments’
duration,
offering approval and accepting the resignation of judges from grade 1 and above are
made upon
the recommendation of the supreme court with the approval of the president.
(2) The appointment, transfer, upgrading, retirement, extension of the appointments’
duration,
offering approval and accepting the resignation of judges of grade 2 or lower shall be
made upon
the recommendation of the head of General Administration Directorate of the judiciary
with the
approval of chief of the Supreme Court.
Appointment and transfer of administrative staff
Article 61:
(1) The appointments, transfer, upgrading, retirement, extension of the appointments’
duration,
offering approval and acceptance to the resignations of the administrative staff of the
judiciary in
HIHG grade and HIGHER grade and contractors of above grade shall be made upon the
recommendation of the Chief Justice and approval of the President.
(2) Appointments, transfer, upgrading, retirement, extension of the appointments’
duration,
offering approval and acceptance the resignation of the administrative staff of grade one
and
contractors of grade one or lower shall be made upon the recommendation by the head of
General Administration Directorate of the judiciary and approval of the Chief Justice.
Supreme Court’s Final Draft /Checchi/ Translation/Fayeq, May 19, 2005
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Judges Retirement
Article 62:
(1) A judge shall be retired in the following and may not be re-employed:
1. Up on completion of 40 years of practical service.
2. Permanent overall disability and continuous illnesses which hamper job performance.
3. Up on completion of age of 65.
4. Other situations mentioned in law.
(2) The Supreme Court when needed may, before forwarding the issue of retirement of
65 yearold
judge to the authorities, extend his/her employment for another 10 years if the judge is
knowledgeable with academic and professional experiences.
The approval for continuation of service shall be renewed every year.
Judges transfer
Article 63:
(1) A judge may not be transferred before three years except at his/her personal request
based on
reasonable grounds.
(2) The normal transfer of a judge shall occur in the last month of the solar year (Hoot)
and shall
be valid as of the first month of the next year.
Appreciation Letters
Article 64:
(1) Appreciation Letters for judges and judicial administration employees shall be
distributed on
the recommendation of the chief justice with approval of or directly by the President.
(2) Grade 2 and 3 Appreciation Letters, appraisal letters and cash benefits for judges and
administrative staff of the judiciary shall be offered on recommendation of general
administration director and approval of or directly by the chief justice.
Implementing labor and civil servants law
Article 65:
(1) Conditions and circumstances of appointment, transfer, upgrading, extending
appointment
duration, approval and accepting resignation, leave and other merits, privileges and duties
of
judges and administrative staff of the judiciary not mentioned in this law shall be
exercised in
accordance with labor law, civil service law and other respective legislations.
(2) for the purpose of upgrading judges, in addition to the terms and conditions set forth
in clause
1 of this article, quality of decisions issued by judges are also considered.
Supreme Court’s Final Draft /Checchi/ Translation/Fayeq, May 19, 2005
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Professional privileges
Article 66:
Judges shall be entitled to judicial benefits, issues regarding requirements for judicial
grade
assignment, upgrading conditions and determining amount of the benefits shall be
specified
through separate regulation.
Judicial benefits shall be part of the salary.
Chapter Six
Judges disciplinary and punishment measures
Judges detention
Article 67:
1) A judge can not be arrested or detained without the approval of the president except
where the evidence against him/her is compelling.
2) Whenever a judge is accused with a felony crime, the Supreme Court shall resolve the
case in accordance with article 133 of the Constitution.
Judges disciplinary measures
Article 68:
Disciplinary measures for judges shall take place according to particular regulation
approved
by the Supreme Court.
Chapter Seven
Miscellaneous Provisions
Reemployment of resigned judges
Article 69:
A resigned judge upon requesting to continue again within judicial power may be
reemployed at
the same grade from which he/she resigned.
Situations mentioned in article 62 of this law shall be considered exception.
Judges Dress
Article 70:
Judges while hearing a case must be dressed up in special clothing as set forth in the law.
Identity Card
Article 71:
Judges shall be issued particular ID cards whose format and contents shall be prepared
and
designed by the Supreme Court.
Supreme Court’s Final Draft /Checchi/ Translation/Fayeq, May 19, 2005
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Stamp
Article 72:
Supreme Court, Courts of Appeal, Primary Courts, Special Courts, General
Administration
Directorate of the Judiciary and Documents and Deeds Registration Directorates shall all
have
special stamps.
Judges and Courts Security
Article 73:
(1) The Ministry of Interior and other security authorities shall be duty bound to ensure
security
and protection of judges, respective offices and courthouses.
(2) The agencies mentioned in clause 1 of this article shall be duty bound to implement
the court
final rulings and decisions
Salary
Article 74:
The judicial members of the Supreme Court, judicial advisors and judges of courts shall
be paid
enough salary in accordance with the article 155 of the Constitution. Amount of their
salary shall
be specified in relevant law.
Registration of Assets
Article 75:
Judges of the courts and authorities in charge of the Documents and Deeds Registration
Directorate shall be duty bound to register their real and unreal estates before assuming
responsibility.
Special Publication
Article 76:
(1) The Supreme Court shall have special publication of its own.
(2) In order to unify judicial methodology, research and follow-up as required necessary
by the
Supreme Court, the final decisions of the courts shall be published.
Enforcement Date
Article 77:
This law shall come into force after approval by the president and should be published in
the
official gazette. By application of this law, provisions of law of Organization and
Authority of
Courts published in official gazette no (739) dated Hamal 11, 1370 (1991) and other
contradicting laws shall be repealed.