Document Type : Original Article
Authors
1
PhD student, Department of Law, Faculty of Human Sciences, Islamic Azad University of Arak, Arak, Iran.
2
Associate Professor Department of Private Law, Faculty of Farabi, University of Tehran, Tehran, Iran; Department of Law, Faculty of Human Sciences, Islamic Azad University of Arak, Arak, Iran.
3
Assistant Professor, Department of Law, Faculty of Human Sciences, Islamic Azad University of Arak, Arak, Iran,
4
Assistant Professor Department of Law, Faculty of Human Sciences, Islamic Azad University of Arak, Arak, Iran.
10.48300/jlr.2024.445655.2584
Abstract
In many judicial cases, criminal acts result from non-compliance with private rights. Therefore, the criminalization of these acts is based on a combination of civil and criminal law. Basically, the criminal case belongs to the society, so the public authority prosecutes the criminal on behalf of the society, but where the private aspect of the crime prevails over its public aspect, the victim plays an effective role in initiating a public lawsuit, because a private lawsuit whose purpose is to compensate for damages caused by criminal behavior, belongs to the victim and accordingly, the principle of disposition of civil litigants, is applicable in it, but in Regarding the function of this principle in criminal proceedings, we face two important situations; First, the necessity of its application, which seems inevitable, second, how to apply it in the criminal justice system, which faces structural ambiguities.This article aims to explain its concept and position in the structural arrangement of criminal proceedings and the mechanism that is created with analytical and descriptive method and based on substantive explanation and attention to the necessity, origin, and effects of the double rhythm of this fundamental principle of civil procedure
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