khiralah hormozi; seyed hojat alavi
Abstract
In all private actions, recognition of parties to the action is of a significant importance. Purpose of this research is to recognize parties to an action for damage due to a crime and their successors. It is necessary to recognize parties who may, besides filing criminal action, file a civil action ...
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In all private actions, recognition of parties to the action is of a significant importance. Purpose of this research is to recognize parties to an action for damage due to a crime and their successors. It is necessary to recognize parties who may, besides filing criminal action, file a civil action in the criminal court related to damages of a crime, since according to general principles governing Civil Procedures Law, if claimant or his/her successor is not considered as a beneficiary in the filed action, or if the action has no regard with the defendant, it would result in abatement of action, and if the claimant does not file the action in competent courts based on rules and regulations, it would result in judicial disqualification. Findings of this research indicate that generally, parties to a private action due to a crime are comprised of four groups including Personal claimant (victim of a crime who has undergone damages due to the crime); Successors of the personal claimant (including 1. Heirs of the victim, 2. Creditors, 3. Legal persons); Personal defendant (committer of the crime or his/her accomplice), Successors of the personal defendant (heirs, debtors, and persons with civil liability).
