Effects of Criminal Procedure Act 2014 in possibility of claiming moral damages and loss of profit in legal system of Iran

• Main Authors: Pejman Mohammadi, Amir Moradpourshad, Hojjat mobayen
• Format: Article
• Language: fas
• Published: Allameh Tabataba'i University Press 2018-10-01
• Series: Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
• Subjects: Key words: moral damages; destruction; loss of profit; scope of civil liability; prospective profits
• Online Access: http://jplr.atu.ac.ir/article_9002_032e1e0ee36f32e0301adf5aaf2ba846.pdf

Criminal Procedure Code adopted in 2014 has affected the scope of moral damages and loss of profit from some perspectives. On the one hand, the extent of civil liability for any moral damages to injured party has increased. According to article 14 of the Code, the harm in both forms of loss of reputation and mental distress leads to the civil liability of injurer. On the other hand, the scope of recoverable moral damages and loss of profits, that is, the scope of civil liability of the persons has been sharply reduced. In cases where blood money is paid and the Islamic punishment is imposed, these two types of damage cannot be compensated. In this regard, the legislator has stopped up even further by stating that this type of damage is compensable when the loss of profit compensation can be equal to the destruction. Finally, based on article 14 (1) Criminal Procedure Code, the scope of remedy for compensating moral damages has expanded. In other words, moral damages can be compensated through pecuniary and non-pecuniary way.