Culmination of Law

Culmination of Law

Unified judicial precedent decision 818 of the General Board of the Supreme Court and challenges to the third-party appeal in criminal matters

Document Type : Original Article

Authors
Mohammadmahdi Barghi 1
Mohsen Rasti 2
1 Assistant Prof, Department of Law, Faculty of Islamic Studies,Meybod University
2 Master's student in criminal law and criminology of Meibod University, Meybod, Iran
10.22034/thdad.2023.2002911.2454
Abstract
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.
Keywords
Third-party appeal
Civil cases
Criminal cases
Criminal Procedure Law
Unified judicial precedent decision

Subjects

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Culmination of Law
Volume 10, Issue 3
Winter 2025
Pages 81-116