A brief discussion on Article 12 of the Criminal Procedure Code and its subsequent note, and Article 321 of that law مقاله

خلاصه ماشینی:

" And apparently, despite the existence of Article 11, there was no need to enact the aforementioned Article 12, and the legislator's intention from the two above articles is clear: that the criminal court hears the private claim of the victim of the crime along with the criminal matter, and it is not heard as a separate private claim; however, the aforementioned articles did not specify the time and manner of filing the claim and how it proceeds, which was later, with the retention of Article 11, amended in Article 12 as follows: "As soon as the accused is placed under investigation for any legal reason" the victim of the crime can submit all their evidence and documents, whether originals or copies, to the investigating officer to be attached to the case file; they can also, in cases of misdemeanors and contraventions, submit them to the court up to the first hearing session, and in felony matters, before the preliminary session is held, to claim damages; in these cases, compliance with the formalities of civil procedure regarding the petition and its proceedings is not required" and with the amendment of the aforementioned article, it became clear: First - For any reason that the accused is placed under investigation, the victim of the crime can claim damages resulting from the crime, even if they themselves have not previously reported the crime or filed a complaint, and the investigative and prosecution authorities have become aware of the matter and are pursuing the accused; in other words, accepting a petition for damages does not require the victim to initiate a criminal lawsuit.