Order of Non Prosecution
All cases brought before the courts are reviewed, and a decision is issued in each case. Judicial decisions are issued in two forms: judgments and orders.
A court decision is considered a judgment when it addresses the substance of the claim or definitively resolves the dispute. In such cases, the judicial proceedings end upon the issuance of the judgment.
In civil matters, a judgment resolves the dispute, whereas in criminal matters, it determines the punishment and its extent. A judgment is issued exclusively by a judge.
Another form of judicial decision is an order. An order has a temporary effect and is issued for a specific procedural purpose. Under the Civil Procedure Code, when a decision does not address the substance of the dispute and does not conclusively resolve it, it is classified as an order. Therefore, any decision that lacks the characteristics of a judgment is considered an order. It should be noted that while a judgment may only be issued by a judge, an order may be issued by a judge, a prosecutor, an assistant prosecutor, or similar judicial officials.
Grounds for Issuance of an Order of Non-Prosecution
Preliminary Orders
Preliminary orders are issued to prepare the case for a final decision and to examine the evidence presented by the parties. These orders are also referred to as preparatory orders. Examples include orders for verification of authenticity, referral to expert examination, and similar measures.
Final Orders
Final orders conclude the preliminary investigation and result in either archiving the case or referring it to the court. A final order removes the case from the investigative cycle or transfers it from one procedural stage to another. Such orders involve an assessment of whether the alleged offense occurred and of the evidence related to it.
Since the legislator has not provided a precise, explicit definition of final orders, differing opinions exist about which orders fall within this category. According to one view, only orders for referral to trial, suspension of prosecution, and non-prosecution are considered final orders. Another view addresses the order of jurisdictional issues among final orders.
Final Orders Issued by the Prosecutor’s Office
- Order of non-prosecution.
- Order for archiving the case.
- Order for suspension of prosecution.
- Order for suspension of investigations.
- Order for referral to trial.
Order of Non Prosecution
The issuance of an order of non-prosecution by an investigating judge or an assistant prosecutor indicates that, in the view of the competent authority, there is insufficient evidence to attribute the alleged offense to the accused, or that the subject of the complaint does not constitute a crime under the law.
For example, an individual may file a complaint alleging fraud against another person, but fail to prove the existence of deceptive conduct. If the absence of fraud or deceit is established and no other criminal charge can be attributed to the accused, the prosecutor’s office will issue an order of non-prosecution.
Grounds for Issuance of an Order of Non-Prosecution
The first ground for issuing an order of non-prosecution is the absence of criminality of the alleged act. This means that the act has not been criminalized under the law, or that although the act constitutes a crime, it did not occur in the specific case under investigation. An example is an allegation of kidnapping in situations where the alleged victim is legally competent, and it is established that they voluntarily accompanied the accused.
The second ground arises when the act is criminal, but there is insufficient evidence to attribute the offense to the accused. For example, in a homicide case where the victim exists, but investigations demonstrate that the accused did not commit the crime.
Objection to an Order of Non-Prosecution
Under the Criminal Procedure Code, it is possible to object to an order of non-prosecution. Individuals residing in Iran have 10 days from the date of notification to file an objection. For individuals residing abroad, the objection period is one month from the date of notification.
Pursuant to Article 274 of the Criminal Procedure Code, if the court finds the complainant’s objection to be justified, it may issue an order for referral to trial and return the case to the prosecutor’s office for completion of the necessary investigations. Otherwise, the order of non-prosecution will be upheld. Such a decision is final and not subject to further objection.
Frequently Asked Questions Regarding the Order of Non-Prosecution
An order of non prosecution is a decision issued by the prosecutor’s office indicating that there is insufficient evidence to attribute a crime to the accused or that the subject of the complaint does not constitute a criminal offense under the law.
An order of non-prosecution is typically issued by an investigating judge or an assistant prosecutor, reflecting the absence of sufficient grounds to continue the prosecution.
Such grounds include the non-criminal nature of the alleged act, the absence of occurrence of the alleged crime, or the lack of sufficient evidence to attribute the offense to the accused.
Yes. Complainants may object to an order of non prosecution within ten days if residing in Iran, or within one month if residing abroad, calculated from the date of notification.
If the court finds the objection justified, it may issue an order for referral to trial and return the case to the prosecutor’s office for completion of investigations.
No. Once the court confirms the order of non-prosecution, the decision becomes final and is no longer subject to objection. What is an order of non prosecution?
Who may issue an order of non prosecution?
What grounds lead to the issuance of an order of non prosecution?
Is it possible to object to an order of non prosecution?
What happens if the court upholds the objection to an order of non prosecution?
Is an order of non prosecution subject to further objection after confirmation?
If a non-prosecution order is issued, does that mean the person is officially declared innocent?
Not necessarily. A non-prosecution order generally means that the prosecuting authority has decided not to proceed with criminal charges based on the applicable legal standards and the available evidence. It is different from a court judgment declaring someone innocent.
Can a non-prosecution order be challenged by the complainant?
Depending on the applicable criminal procedure rules, a complainant may have legal remedies to challenge or seek review of a non-prosecution decision. The availability and procedure for doing so depend on the governing law and the specific circumstances of the case.
If new evidence is discovered later, can the investigation be reopened after a non-prosecution order?
In many legal systems, the discovery of significant new evidence may allow the authorities to reconsider the matter, provided the legal requirements for reopening the investigation are satisfied. Whether that is possible depends on the applicable procedural rules.
Does receiving a non-prosecution order automatically erase the record of the investigation?
Not automatically. The legal effect of a non-prosecution order on investigation records depends on the relevant criminal procedure laws and any rules governing criminal records or official files.
Can a prosecutor issue a non-prosecution order for only some of the alleged offenses while continuing the investigation into others?
Yes, that may be possible. If different allegations are supported by different evidence or involve separate legal issues, the prosecuting authority may reach different decisions regarding each allegation, depending on the applicable law.
Does a non-prosecution order prevent someone from filing a civil lawsuit based on the same facts?
Not necessarily. Criminal proceedings and civil claims often serve different legal purposes. Even if criminal prosecution does not proceed, a civil claim may still be available if the legal requirements for that claim are met.
Is a non-prosecution order usually issued because there wasn’t enough evidence?
Insufficient evidence is one possible reason, but it is not the only one. A non-prosecution order may also result from other legal grounds, depending on the facts of the case and the applicable criminal procedure rules.
Can a suspect request a copy of the non-prosecution order for future legal matters?
In many jurisdictions, parties with a legal interest may obtain copies of procedural decisions, subject to the applicable rules governing access to case files. The process and requirements vary depending on the relevant legal system.
If several people are accused in the same case, can a non-prosecution order apply to only one of them?
Yes. Prosecutors generally assess the evidence and legal position of each individual separately. As a result, different decisions may be reached for different suspects involved in the same investigation, depending on the available evidence and applicable law.
What’s one misconception people often have about a non-prosecution order?
A common misconception is that a non-prosecution order has the same legal effect as a court acquittal. In reality, these are different procedural outcomes. A non-prosecution order reflects a prosecutorial decision not to pursue charges under the applicable legal standards, whereas an acquittal is a judicial decision issued after court proceedings.