نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
Iranian Criminal Procedure Law’s vagueness and generality concerning the admission or rejection of third-party appeal in criminal matters have resulted in conflicting judicial procedures. However, the Supreme Court's General Council resolved this discord by issuing a unanimous decision, numbered 818, on 28 December 2021, which granted third parties the right to object to criminal verdicts. Nonetheless, there are still disagreements among courts regarding various issues such as the characteristics of the properties involved in third-party appeal, identification of criminal judicial decisions that third parties can object to, selection of a competent authority to hear third-party appeal in criminal matters, procedural requirements for filing third-party appeal, procedures for hearing objections in an appropriate court, and ultimately, the method of delivering a verdict on third-party appeal in criminal matters. The findings indicated that a third party who has suffered damages due to a criminal judicial authority's decisions related to the seizure, return, confiscation, or destruction of movable property discovered during the preliminary investigation can file an objection. The competent authority to handle a third-party appeal is the court that has jurisdiction over the underlying charge. If the decision was made by Criminal Court 2 or Criminal Court 1, the third party must appeal to their decision at the provincial court of appeal. To file a criminal third-party appeal, one must follow the general formalities outlined in the Civil Procedure Law, such as filing a petition and paying the litigation costs. The decision of the authority handling the criminal third-party appeal may result in either the cancellation or modification of the disputed judgment.
کلیدواژهها English
