What Is an Inadmissibility Stay Order?

What Is an Inadmissibility Stay Order?

A significant portion of judicial decisions issued by courts takes the form of procedural orders, which are classified into various types. One of the most frequently applied and important of these orders is the inadmissibility stay order, known as Gharar-e Enateh. This order is issued when adjudication of a case depends on the determination of a matter that falls outside the jurisdiction of the court hearing the main case.

In such circumstances, the court issues an inadmissibility stay order so that the interested party may pursue the required determination before the competent court. The term enateh literally means to suspend or make conditional. Accordingly, when the resolution of a case depends on the establishment of another issue within the jurisdiction of a different court, the court issues an inadmissibility stay order requiring the interested party to litigate that preliminary issue before the competent court. Once the outcome is determined, the first court proceeds with adjudication and issues the appropriate judgment.

Definition of an Inadmissibility Stay Order in Criminal Procedure

Rationale for Issuing an Inadmissibility Stay Order in Civil Matters

Given that the jurisdiction of criminal courts and civil courts is distinct by nature, and that intervention by one into the domain of the other is generally impermissible except in exceptional cases, it may occur that adjudication of a claim before a civil court is dependent upon proof of a matter that must be determined by another court, whether civil or criminal.

For example, consider a situation in which Person A files a civil claim against Person B for recovery of the amount of a check. Person B alleges that the check was stolen and files a criminal complaint. Since adjudication of the civil claim depends on determining whether the check was stolen, and this determination falls within the criminal court’s jurisdiction, the civil court issues an inadmissibility stay order until the issue of theft is resolved.

In another example, if a woman files a criminal complaint against her husband for failure to provide maintenance, and the man denies the existence of a marital relationship, the determination of marital status falls within the family court’s jurisdiction. In such a case, the criminal court issues an inadmissibility stay order until the family court determines whether the marital relationship exists. After this determination, the criminal court proceeds to examine the offense of failure to provide maintenance.

Conditions Required for Issuance of an Inadmissibility Stay Order

• The preliminary issue that must be proven must fall within the jurisdiction of another court.
• The claim must be supported by strong and credible evidence.

Article 19 of the Civil Procedure Code provides that when adjudication of a claim depends on the proof of an issue within the jurisdiction of another court, proceedings are suspended until the competent authority renders a decision. The claimant must submit proof of having filed the relevant claim before the competent court within one month to the clerk of the court handling the main case. Failing this, an order dismissing the claim will be issued. After the competent court establishes the issue, the claimant may refile the claim.

Objection to an Inadmissibility Stay Order

Article 332 of the Civil Procedure Code specifies the orders that are subject to appeal, and inadmissibility stay orders are not included among them. Likewise, Articles 367 and 368, which address appeal by cassation, do not mention inadmissibility stay orders. Consequently, in civil matters, inadmissibility stay orders are not subject to appeal. However, in criminal matters, such orders may be challenged, and objections must be filed within 10 days of the date of notification.

Suspension of Criminal Proceedings Pending Civil Determination

• The complainant must initiate the complaint.
• The dispute between the complainant and the accused must relate to immovable property, and not every immovable property dispute qualifies as such. The applicability depends on the specific circumstances of the case.

As noted, an objection to an inadmissibility stay order issued by an investigating judge may be filed by the complainant within ten days from the date of notification.

Pursuant to Article 271, review of appealable orders falls within the jurisdiction of the court competent to hear the charge. Under Article 273, the court reviews the objection in an extraordinary session, and the court’s decision is final. With respect to inadmissibility stay orders, differing legal opinions regarding their scope and applicability have led to advisory opinions and binding precedents.

It should be noted that in both criminal and civil inadmissibility stay orders, the interested party is granted one month to initiate proceedings before the competent court.

Frequently Asked Questions About Inadmissibility Stay Orders