Procedures for filing a (criminal) complaint or (legal) petition in the court
1-Criminal litigation
2- Legal claims
A- Criminal Lawsuits: Whenever a crime is committed in society, this crime has two main aspects:
and
– The public aspect of the crime that the prosecutor, as the representative of the public prosecutor, is obliged to protect the interests of the society and to prevent and defend the damages and material and spiritual damages that may be caused to the society as a result of the commission of the crime. Therefore, after the crime is committed, the prosecution The public and the revolution, which is headed by the prosecutor, starts the investigation, and after the crime is proven, the court issues a verdict of guilty and asks the courts to punish the guilty person through a request for punishment.
After the punishment is issued, the case is referred to the general and criminal or criminal courts of the province according to the jurisdiction of the courts, and the relevant court hears and prepares a decision, which can be appealed in the appeal courts within 20 days from the date of notification of the decision.
The deadline for appeal for people living outside of Iran is 2 months from the date of notification of the decision.
After the decision of the court has been finalized, depending on the case in the appeals courts, or due to the failure of the trial court’s decision to be finalized, the case for execution of the judgment will be sent to the enforcement of criminal sentences to take action in this regard.
In general, the procedures for dealing with criminal cases are as follows:
1- Committing a crime
2⃣- Complaint of the plaintiff – prosecution of the prosecutor’s office
3⃣- Conducting preliminary investigations in the prosecutor’s office
4⃣- Issuance of criminal and punishment orders
5- Proceedings in court
6-Arbitration
7-Appeal in the appeals courts according to the case
8-Appeal
9⃣- Execution of the sentence
B- Legal claims: Legal claims are raised directly in the courts of justice, and there is no need to refer to the public and revolutionary courts, but they are raised and dealt with in the court.
Legal claims start with the submission of a petition to the court and the request must be clearly written in the printed form of the petition. For referral to the branches, refer to the office of the first branch of justice. Depending on the case, if the case is within the jurisdiction of the dispute resolution councils, it can be referred to the councils. Referral to the legal courts to be dealt with.
: After preparing the petition and invalidating the stamp, we will take the petition to the General Registry for computer registration and after registration, we will refer to the Shura or legal branches and submit the case.
– After registering the case, the director of the court office must immediately bring the case to the court to determine the hearing time, which will be returned to the court office after the order to determine the hearing time.
After drafting the judgment, the court order is notified to the parties, who have 20 days from the date of notification to appeal in the appeals courts.
If the verdict has been issued in absentia, the convicted person can appeal in absentia.
A few points:
1- The appeal deadline for Iranians living abroad is 2 months from the date of notification.
2- After the expiration of the appeal period, the appeal period will begin.
3- As long as the verdict is final and the verdict is within the law and holy Shariah, it is possible to request an appeal.
4- After the decision of the court is finalized, the case is sent to the enforcement of legal judgments for the execution of the judgment.
In general, the procedures for dealing with a legal dispute are as follows:
1- Submitting a petition to the court
2- Canceling the stamp and paying the legal fees
3- Registering the case and referring it to the Council or branches as the case may be
4- Registering the case in the court office and setting the hearing time
5- Hearings and dispute resolution
6- Essay of opinion
7⃣- Intercession
8- Appealing
9- Appeal
– Execution of the sentence
This post is written by None