How to Claim Damages Arising from a Crime
The commission of a crime and the resulting disruption of public order may cause damage to individuals.
A person who has suffered harm as a result of a crime may seek compensation by filing a complaint as a private complainant before the competent judicial authorities, including the court or the public prosecutor’s office.
Through this process, the injured party may request compensation for the damages caused by the criminal act. In other words, the commission of a crime not only undermines public order and security but also harms the victim.
In fact, when a crime occurs, two types of complaints may be pursued. One concerns the public aspect of the crime, which addresses the offender’s punishment, and the other concerns the private aspect of the crime, which addresses compensation for damages. Under Iranian law, in certain crimes such as fraud, the court may, in addition to imposing criminal punishment, issue an order for restitution of property.
Elements and Conditions for Claiming Damages Arising from a Crime
Types of Damages
Pursuant to Article 14 of the Criminal Procedure Code, the complainant may pursue both criminal prosecution and a claim for damages arising from the crime.
Such damages may be material or non-material in nature. In addition to the injured party, their legal representative or heirs are also entitled to seek compensation.
Damages arising from a crime include the following categories:
- Material Damages: These damages relate to harm inflicted upon a person’s property, such as damage to a vehicle or other assets.
- Physical Damages: These are injuries to an individual’s body or physical integrity.
- Moral Damages: These include harm to a person’s dignity, reputation, honor, or psychological well-being.
- Loss of Profit Damages: Damages arising from loss of profit may be claimed if the benefit was reasonably attainable. However, speculative or uncertain loss of profit is not compensable.
Filing a Private Claim Arising from a Crime
A private claim for damages arising from a crime may be filed provided that the relevant legal formalities and statutory time limits are observed. For example, in crimes such as theft or fraud, in addition to determining the offender’s criminal punishment, the court must also assess the victim’s damages and quantify their extent.
The injured party must submit a claim for damages arising from the crime before the court announces the conclusion of the proceedings.
The damages that may be claimed by the injured party include the following:
Material losses directly resulting from the commission of the crime.
Benefits that the injured party could reasonably have obtained, but was deprived of as a direct result of the criminal act.
Requirements for Filing a Private Claim
Legal capacity is the first and most important requirement for a person filing a claim. The claimant must possess legal competence, including maturity and capacity, and must be legally capable of holding and exercising rights.
If a person has the capacity to hold rights but lacks the ability to exercise them, the claim must be filed through their legal representative.
Having a legal interest in the claim is another essential requirement. Only persons who have been directly affected by the incident may file a claim and seek compensation.
For example, in a case of fraud, only the person who has been defrauded is entitled to file a complaint and claim damages. Other individuals may not do so without the consent of the injured party.
The claim must not have been previously adjudicated or resulted in a final judgment. Closed cases cannot be reconsidered under the same circumstances. Objections to final judgments must be pursued through legal remedies such as appeal, cassation, or retrial.
The claim must be brought before a court that has both subject matter and territorial jurisdiction over the dispute.
Conditions That the Claimed Right Must Satisfy
- The damage must be a direct consequence of the crime. For example, in a theft case, damage to the stolen property is compensable, whereas expenses incurred by the victim for installing a security system are not compensable.
- The damage must be lawful and legitimate.
- The claimed right must be definite and not conditional or uncertain.
Frequently Asked Questions About Claiming Damages Arising from a Crime
Damages arising from a crime refer to material, physical, moral, or loss of profit damages inflicted upon a person or their property as a direct result of a criminal act, which the injured party may claim.
The injured party, the private complainant, their heirs, or their legal representative may claim damages, provided they have a legal interest and the necessary legal capacity.
Material damages to property, physical injuries, moral damages to reputation or dignity, and loss of profit damages may be claimed, provided that the loss of profit is reasonably attainable and not speculative.
The claimant must have legal capacity, a direct legal interest, the claim must not have been previously adjudicated, and the claimed right must be lawful, legitimate, and definite. The claim must also be filed before a competent court.
A private claim may be filed once the crime has occurred and legal formalities have been observed. The claim for damages must be submitted before the conclusion of criminal proceedings.
Indirect or speculative damages, such as preventive expenses or costs incurred to avoid future crimes, are generally not compensable.
Yes. One complaint concerns the public aspect of the crime, which seeks punishment of the offender, and the other concerns the private aspect of the crime, which seeks compensation for damages arising from the crime. What are the damages arising from a crime?
Who is entitled to claim damages arising from a crime?
What types of damages may be claimed?
What conditions must be met to file a private claim for damages?
When can a private claim arising from a crime be filed?
Which damages are not compensable?
Are there two types of complaints for a single crime?
