چکیده:
With the enforcement of new Criminal Procedure Act on 1394/04/01 in Iran, the power to hear criminal claims has been taken from civil courts but criminal courts have the jurisdiction to deal with civil claims exceptionally. The most important jurisdiction of criminal court over civil claims is apparent in the claim for damages resulted from a crime. But hearing this civil case in criminal court has some conditions which must be identified and exercised carefully due to its exceptionality. First, the claimed damages must be the direct consequence of an act, therefore, only the victim has the right to bring such an action. The other condition is that the claimant has not bring the mentioned action in civil courts before. Such claimant has been given a power to refer to criminal court if he/she was unaware of the criminal aspect of the matter and had waived his civil claim before referring to criminal court. However, it seems that the claimant has the right to bring an action in criminal court when his previous civil claim form rejected or nullified. In addition, rejection of the claim by the civil court because of the restitution of the claim by claimant give the claimant to refer to a criminal court. Judging about the restitution and value of stolen property, restitution of property taken by fraud, object of breach of trust offence and duty to pay blood money are the matters with civil nature which are dealt with by criminal courts without any need for claim form from claimant, but expressly mentioned by legislator. In addition, judging about the payment for procedural costs and damages and insolvency to pay procedural costs and insolvency to pay judgment debt are some other civil matters which can be seen within the jurisdiction of criminal courts.
خلاصه ماشینی:
The effect of the dismissal of a criminal case on the jurisdiction to handle a lawsuit for damages arising from a crime In Article 13 of the Temporary Criminal Procedure Laws passed in 1330 AH, which was the first criminal procedure law of Iran is, the legislator had explicitly stated: "Since the investigation of a private lawsuit in the criminal court is subordinate to the public lawsuit, after the issuance of a judgment regarding the acquittal of the defendant, the criminal court can no longer pursue the private lawsuit; however, in these cases, the private claimant can refer to the civil court and claim their damages.
Given that, on one hand, these crimes are brought directly to court without undergoing the investigation stages in the prosecutor's office and the issuance of an indictment, and on the other hand, according to Article 20 of the aforementioned law, the dismissal of a public lawsuit does not cause the dismissal of a private lawsuit, the complainant in the aforementioned crimes has the possibility to submit their claim for damages simultaneously with filing a groundless complaint in court, thereby creating jurisdiction for the criminal court to hear their civil lawsuit solely by virtue of the complaint.
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