a criticism of article 14 of criminal procedure law

• Published in: Faṣlnāmah-i pizhūhish-i ḥuqūq-i khuṣūṣī Vol. 7; no. 26; pp. 9 - 36
• Main Authors: Abolfazl hedayati mahbob, Mohammad Hassan Asadi
• Format: Journal Article
• Language: Persian
• Published: Allameh Tabataba'i University Press 01.04.2019
• Subjects: authoritative; legal; possible; profits; ta’zir
• ISSN: 2345-3583; 2476-6232
• DOI: 10.22054/jplr.2018.27216.1741

In Iranian law and in accordance with Article 14 of the new Criminal Procedure Code, losses resulting from a crime are divided into material, spiritual and possible profits. This Code has made a significant change to some rules on civil liabilities. Having said that, it may be criticized on the ground that it excludes the compensation caused by crimes leading to mulct (Diyah) and authoritative legal Ta’zir from the full compensation principle without providing a comprehensive definition for spiritual losses and without proposing an accurate definition and example for authoritative legal Ta’zir. Claim for spiritual and possible profits losses leads to authoritative legal Ta’zir.  Mulct shall happen in cases in which the sentence is not a financial loss and its compensation is sentenced to be non-financial. The limitation applied by Note2 in Article14 does not include the lost profits in crimes against properties and hence it can be claimed. The authoritative legal Ta’zir instances, based on Narratives, may not include losing possible profits, and in crimes causing retaliation, Haad (punishment by lash), non-authoritative legal Ta’zir of possible profits and spiritual losses, it will be claimed. According to Article14 of new Criminal Procedure Code, the legislator refers to compensation for spiritual losses in a material or other ways.