Journal of Legal Research

Journal of Legal Research

Third-Party Objection in Criminal Matters in Light of Judicial Precedent with Emphasis on Unifying Precedent No. 818

Document Type : Original Article

Authors
Hassan Ali Moazen Zadegan 1
Seyed Farzam Mohammadi 2
Abulfazl Mohammad Alikhani 3
Nazanin Aghaei Jannet Makan 4
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 PhD in Criminal Law and Criminology, North Tehran Branch, Islamic Azad University, Tehran, Iran; President of the Court of Appeal of Tehran Province, Tehran, Iran.
4 M.A Student in International Law, Science and Research Branch, Islamic Azad University, Tehran, Iran.
10.48300/jlr.2024.426961.2576
Abstract
Third-party objection in criminal matters has long been a bone of contention among judicial authorities from various perspectives. The absence of a general rule and ambiguity in the current provisions of criminal laws are among the reasons for these controversies. Recently, Unifying Precedent No. 818 issued by the General Board of the Iranian Supreme Court has addressed and resolved part of these disagreements. However, given the various scenarios of third-party objection in criminal matters, there remains room for discussion and contemplation regarding the function and analysis of this precedent. This study aims to examine the feasibility and scope of third-party objection in criminal matters and the competent authorities to adjudicate each matter, considering the current laws as well as the unifying precedent in this context. The study utilized a descriptive-analytical method and library resources, especially laws and judicial precedents. Findings indicate that the unifying precedent, while accepting a third-party objection to a criminal judgment concerning the objects and properties mentioned in the cited provisions, serves to complement the these provisions and, through considering these provisions from the Code of Civil Procedure, establishes a foundation for invoking the general rules of the Code regarding a third-party objection to the civil aspect in other criminal judgments.
Keywords
Appeal by third party
Criminal cases
Rights of third parties
Competent authority
Unanimous vote 818
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Journal of Legal Research
Volume 24, Issue 63
Autumn 2025
Pages 47-78