نوع مقاله : علمی - ترویجی
سردبیر مجله دادرسی و مدرس دانشگاه
عنوان مقاله [English]
In our country, the thousands of accidents are occurred every day and the thousands of people are hereby injured. In order to treat the injured persons, many act of cure must be done in the hospitals and the charges are relatively considerable. According to statistics, about 40% of judgments of the criminal courts referred to the Department of the execution of judgments concern the Diah (a fixed amount of money to be paid by the offender to the victim).
Since the adoption of Diat Act in 1982, an essential question has been always brought up: Can a judge order the offender to pay charges relating to the treatment of the victim, when these charges exceed the fixed amount of money determined by law, called Diah? To this question, there is no clear response in the legislation and the courts have not ruled in the same way. Therefore, we have tried to find an answer to the said question in light of Islamic law, the general principles of law and the Iranian laws and regulations.