Background and Purpose: The purpose of this article is to examine the substantive and formal conditions of the rule of judicial leave in arbitrary matters.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used to collect materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: One of the rules governing the proceedings of judges is the rule of the judge's vacancy and the validity of the closed matter. Observance of these rules means that the judge does not have the right to return to the judgment and change it, and its meaning and content. transform Although the application of the judicial vacancy rule is accepted as a valid rule in all chapters of proceedings, including civil and criminal proceedings. However, in dealing with custom matters, the application of this rule is faced with allocation, in such a way that the legislator has allowed the non-compliance of this rule in custom matters.
Conclusion: It is important to pay attention to the fact that providing a basis for changing and amending the verdict after the trial process can cause the vote to waver and damage the judicial justice, which creates adverse effects in the fair trial process, and based on this, the limits of the non-implementation of the void rule should be explained. The judge has a special importance in dealing with custom matters.