Document Type : Original Article
Authors
1
Professor, Department of Criminal Law & Criminology, Faculty of Law and Political Sciences, Allameh Tabataba'i University, Tehran, Iran.
2
M.A., in Criminal Law and Criminology, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran.
3
Ph.D. President of the Court of Appeal of Tehran Province, Tehran, Iran.
4
M.A. student in International Law, Faculty of Law and Political Science, Islamic Azad University, Science and Research Unit, Tehran, Iran.
10.48300/jlr.2024.426961.2576
Abstract
Appeal by third party in criminal cases has always been disputed by judicial authorities. The lack of general rules and ambiguity in the current articles of criminal laws are considered as the roots of these judicial disputes. Recently, according to the unanimous decision No. 818 of the General Board of the Supreme Court, some of these disputes have been answered and assignments have been determined. However, considering the different assumptions of the Appeal by third party in criminal cases, there are still debates and challenges regarding the function of the said decision and its interpretation. This study has been done with the aim of investigating the feasibility and scope of the appeal by third party in criminal cases and competent authorities to deal with each of them according to the current laws and also the unanimity vote in this field. The research was done using descriptive-analytical method and using library resources, especially laws and judicial procedure. The findings of the research showed that the unanimity decision, while accepting appeal by third party in criminal judgments regarding the objects and properties presented in the mentioned articles, is in a way complementary to the mentioned articles, and also considering the cited articles of the civil procedure law, it is possible to refer to the general rules of the civil procedure regarding appeal by third party to the legal aspect in other criminal judgments.
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