The Elements of Private Interest Criminal Offenses in the Penal Code of Iran

Document Type : Original Article

Authors

1 (An MA in Criminal Law & Criminology)

2 (Associate professor at Imam Khomeini International University)

3 (An M.A in Criminal Law & Criminology)

Abstract

The customary and general categories of the offences are: Private interest criminal offenses and Public interest criminal offenses. In its restrictive concept, Private interest criminal offenses are of the offences that their criminal process is in current only in the condition of the victim complaint and with his voluntary dismissal in every stage of the conviction; this process is terminated by the decree/order for suspension of prosecution. In the criminal policy of Iran, these offences follow one concept and the change of its legal instances and establishing some similar institutions does not make problem in the conceptual originality. In the criminal procedure and the penal code of Iran (1392), this boundary and separation has been paid attention by the legislature in some extent. With careful determination of the elements comprising Private interest criminal offenses and knowing how the relation between these elements, this paper tries to find out their legal effects in the criminal procedure, so that with considering the criminal and disciplinary liabilities which the judicial authorities have in their way to judge in relation to these elements, the possibility of making better decision is provided for them in this field.
 

Keywords