Document Type : Research Paper

Authors

• khirallah hormozi ¹
• hasanali moazenzadegan ²
• seyed hojat alavi ³

¹ دانشیار دانشکده حقوق دانشگاه علامه طباطبائی

² دانشیار دانشکده حقوق دانشگاه علامه

³ دانشجوی دکتری علامه

Abstract

In some of the judicial systems in which legal and criminal courts consider the lawsuits in their own specific scope of competency, it is considered as a principle that legal courts consider civil lawsuits and criminal courts consider criminal lawsuits. However, in some cases, criminal courts may become competent to consider legal cases. Private lawsuit due to a crime may be filed by the victim in order to compensate material or spiritual losses, or the loss due to possible profit. Such cases, in terms of nature, are considered as a civil liability of the offender and in terms of formalities, require observance of civil procedures proceedings. A Private lawsuit due to a crime is considered as a legal case. Private lawsuit due to a crime has similarities and differences with public lawsuit. A private lawsuit, in terms of its goal, claimant and defendant and competency, is different from a public lawsuit and in terms of its origin and competency of the criminal court, is alike the public lawsuit.

Keywords

• Private lawsuit due to a crime
• criminal court
• Crime
• criminal procedures code