Latest news/ As the heat of the election of the Football Federation is getting hotter and we are getting closer to August 18, which is the last chance to introduce the final list of candidates for the presidency of the Federation to the General Assembly of the Football Federation, efforts are being made by individuals and groups affiliated with the election rivals. It is a pity that in many cases, in order to destroy or weaken one or more candidates, positions are taken out of fairness. Let me remind you that fair play and heroic behavior are not supposed to be observed only on the sports field, and I advise the sports managers who have presented themselves as worthy and ready to take the helm of football, not to neglect the fair election game.

Now, in the blind election, we are witnessing a group of people who have turned the Wilmots case into a surfboard and in the raging waves of the electoral rivalries, each of them is trying to play their own role: some with benevolence and a sense of religious duty, to prevent the destruction of the Bayt. Al-Mal has come into action, some are looking to meet the expectations of a small number of public opinion of the society regarding the uncertainties of the Wilmots case, a group like the chances of winning the election of the candidate they support are very small, at least on paper, instead of fighting inside pit, trying to destroy the rival candidate outside the pit, And a group has put all their heart and soul into supporting a very well-known candidate in the Football Federation who has been the number 1 man in the building of 12-meter third Sheikh Baha'i Street for many years and his presence in the election scene is a big nightmare for those who They dreamed of attending the World Cup in Qatar as the president of the Islamic Republic of Iran Football Federation. If we want to have a fair judgment of the Wilmots case and its final fate, it cannot be considered a great saga and a document of honor for national football, nor should it be called a failure and a great scandal of national football.

Similar to the Wilmots case, it is not rare in Iranian and world football. It has been observed many times that a player or coach has been bought at a high price but did not meet the technical expectations of the club, the federation and the fans, and sometimes he was fired within a few days. But whether we like it or not, football contracts have their own rules, and in the professional world, the financial obligations of these contracts must be implemented with the unquestionable support of FIFA and the Court of Arbitration for Sport. Maybe it is better to believe that this issue is one of the attractions of football along with the beautiful scenes of this game.

During the magnification of the Wilmots case, which everyone follows this project with their own motives, some people are trying to justify their interference in the election process of the Football Federation and they are grasping the string of Article 598 of the Islamic Penal Code. According to this article, "If any of the employees of the departments, organizations, state companies and institutions use cash, documents and property belonging to the mentioned institutions or entrusted to them, without the intention of acquiring them for the benefit of If he or someone else has it, he can be punished as an illegal possessor. If due to neglect or abuse, state property and funds are damaged or if they are used for purposes that are not approved by the law, it is also subject to the same provisions.

In the interpretation of the crime of illegal possession, it should be said that the basis of criminalization in this article, whose main purpose is to protect the treasury's property, is unauthorized use, that is, a use that is not fundamentally legal or a use that has taken place without the approval and permission of the legal authorities. . Based on what the president of the football federation has presented First of all, concluding a contract with the head coach of Iran's senior national football team to participate in the World Cup qualifiers is one of his and the board's legal powers, which is also specified in the constitution of the football federation. Secondly, the basis of Wilmots' demands from the Football Federation is a contract that is subject to the express terms and established judicial procedure in FIFA regulations and the Court of Arbitration for Sport. In other words, in reality, the impossibility of paying the price of Wilmots' contract from the federation's demands to FIFA due to the tightening of US sanctions, made the football federation unable to fulfill its financial obligations towards this Belgian head coach; Not that there are illegal clauses in the text of the contract or that the federation signed a very flawed contract. Thirdly, the necessary correspondence and recommendations from the officials of the Ministry of Sports and Youth at the time to enter into a contract with Wilmots is another document that proves that Mr. Mehdi Taj did not act without the permission and approval of the legal authorities. And fourthly, let's not forget that one of the results of the independence of the football federation is that the federation can decide which person to sign a contract with as a head coach based on its managerial and expert assessment.

In addition to what has been said, according to the advisory theory of the General Legal Department of the Judiciary under the number 7/94/463 dated 2/21/1394 and the advisory theory number 7/99/1772 dated 11/4/1399, it is stated that the first part of Article 598 The Islamic Penal Code is related to the unauthorized use, without the intention of acquiring state and public funds and property, and the last part of this article deals with neglect or excesses that cause damage to state property. As a result, based on the principles of criminal law, including the need to narrowly interpret criminal laws in favor of the accused, and also based on Article 13 of the Law on Improving the Health of the Administrative System and Combating Corruption approved in 2013, neglect and excesses are subject to punishment only in the case of government property and funds. take and The last part of Article 598 cannot be applied to public property such as the property of municipalities or sports federations. This conclusion has been confirmed in the meeting of the majority of the members of the Supreme Council of Judicial Sessions dated 6/13/2018. 

To put it briefly and simply, on the one hand, if there are no strong examples and proofs of financial corruption and personal benefit of the people who participated in the Wilmots contract, Article 598 of the Islamic Penal Code will not be used in any way regarding Mr. Taj and the board of directors at the time because Wilmots contract is not enforceable. On the other hand, among other things, according to the second paragraph of Article 3, Article 7 and Article (f) of Article 13 of the Constitution of the Islamic Republic of Iran Football Federation, it is clearly mentioned in the disciplinary regulations and regulations of FIFA and the Asian Football Confederation that the world of football is subordinate and It is its own judicial work, and the national judicial system of countries should not be placed in the direction of neutralizing or changing the process of specific football judicial authorities, including the FIFA Football Court and the Court of Arbitration for Sport, otherwise, serious deprivations will await Iranian football.

Therefore, I strongly recommend that the executive and political authorities, before obtaining valid expert opinions, refrain from positions and correspondence such as the request to follow up the case of accusations raised in the Wilmots case through the Culture and Media Prosecutor's Office, attempts to annul the elections of the Football Federation, exerting influence in order to disqualify one or Several election candidates, etc., each of which can be cited as an excuse for the suspension of football and the isolation of Iranian sports in the future.

We should not ignore the fact that the high dignity of the officials of the Ministry of Sports and Youth, the honorable representatives of the Islamic Council and others requires them to follow their legal duties and their inherent missions without fail, but lest they act in such a way that suspicions arise. Orientation in the atmosphere of election competitions of the Football Federation.

Amir Saed, a lawyer - an international lawyer for sports claims and a member of the faculty of Tehran University