Culmination of Law

Culmination of Law

Recognizing the Concept of the Complainant in Iran's Criminal Justice System: A Perspective on Judicial Practice

Document Type : Original Article

Authors
Sahar Soheil Moghadam 1
Amir Hossein Bahiraei 2
Gholam Hasan Koushki 3
1 Assistant Professor, Department of Law, Faculty of Humanities, Shahed University, Tehran, Iran (Corresponding Author)
2 Student, Criminal Law and Criminology, University of Tehran, Tehran, Iran
3 Associate Professor, Faculty of Law and Political Science, Allameh Tabatabaei University, Tehran, Iran
10.22034/thdad.2025.2028860.2769
Abstract
The complainant in the procedure for prosecuting forgivable offenses holds particular importance and status, to the extent that they can be considered an active and dynamic participant.Judicial authorities in forgivable offenses are required to verify the standing of the complainant.According to Article 10 of the Criminal Procedure Code, the complainant is regarded as a victim who has suffered harm or loss due to the commission of the crime and demands the prosecution of the accused. In some offenses, identifying the complainant is challenging because, based on the criterion set forth in the mentioned article, it is difficult to determine which person or persons have been directly harmed by the crime. Additionally, some individuals may have suffered indirect harm, yet accepting their complaint may align with legal logic. The primary question is whether the scope of the complainant can be extended to indirect victims. For example, in the crime of theft, can the beneficiary (holder of usufruct rights) or the owner of the benefit be considered the complainant, or can only the owner of the property itself file a complaint? Or, in cases of destruction of entrusted property, can the trustee be the complainant, or is only the owner of the property entitled to file a complaint? Judicial practice indicates that there is no clear criterion among judges in this regard, leading to conflicting rulings. Sometimes, in interpreting Article 10 of the Criminal Procedure Code, a restrictive approach is taken, emphasizing direct victims, while at other times, a broader view is adopted, accepting both direct and indirect victims. In this article, using an analytical-descriptive method and relying on collected judicial rulings, the concept of the complainant in various cases is examined. Subsequently, it is deemed necessary to establish a precise and clear legal criterion for verifying the standing of the complainant
Keywords
Victim
Forgivable offenses
Judicial precedent
Complainant
Harm and loss

Subjects

Persian
Resources
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Culmination of Law
Volume 11, Issue 1
Summer 2025
Pages 307-338