Fatemeh Rakideh
trainee lawyer at the Iranian Central Bar Association
An accused person under escort, with a lawyer in a courthouse corridor

Criminal matters

Criminal matters range from financial offences such as fraud and criminal breach of trust to offences against persons, documents and computer-related interests. The legal classification, evidence attributing the conduct and procedural stage must be identified separately from the outset.

In many cases, the boundary between a civil dispute and criminal conduct is decisive. Breach of contract, a debt, or a financial dispute is not always an offence; conversely, some conduct may create independent criminal liability in addition to its civil consequences.

A criminal complaint, preliminary investigation, defence of the accused, prosecutor’s-office orders, indictment, and challenges each have their own rules, and action at every stage must match the actual contents of the case file.

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When should we seek help from a criminal lawyer?

Where a complaint, summons, accusation or suspicious conduct may have criminal consequences, identify the applicable offence, preserve evidence and observe deadlines before acting hastily.

The role of criminal-law counsel in a complaint and defence

Identifying the alleged offence: The actual conduct is assessed against the statutory elements of the offence, to avoid choosing a more serious-sounding allegation that the evidence does not support.

Organizing the evidence: Documents, messages, transactions, video, testimony and digital data are organised by relevance and attribution.

Distinguishing civil and criminal aspects: A claim for payment, damages or contractual performance may follow a route separate from criminal prosecution. In some circumstances, both routes may be available.

Managing the preliminary investigation: Statements, expert examinations, official inquiries, summonses, and precautionary procedural orders must be aligned with the stage before the prosecutor’s office and the subject of the case.

Defence of the accused person: The defence focuses on the offence elements, attribution of the conduct, reliability of evidence and procedural or substantive defects in the case.

Objection and follow-up: A non-prosecution decision, a court judgment, and other appealable decisions are each subject to their own statutory conditions and time limits.

judicial invalidation of an official instrument

Where forgery or use of a forged document is alleged, the validity and legal effects of the official deed may also need to be determined, separately from the criminal issue, through civil proceedings.

More information

Specialist criminal-law topics

Important criminal-law topics with distinct search intent have their own pages. Choose the topic that matches the actual complaint, accusation or stage of your case.

Fraud

Deception and fraudulent conduct, obtaining property, evidence for a complaint, the distinction from a contractual dispute, restitution of property, and key points in criminal follow-up.

Criminal breach of trust

The terms on which property or a document was entrusted, the obligation to return it or use it for a specified purpose, evidence, the distinction from debt and contractual disputes, and the complaint procedure.

Online fraud and cybercrime

Unauthorized withdrawal, online fraud, preservation of digital evidence, messages and transactions, FATA police and the criminal complaint route.

sale or transfer of another person’s property under Iranian law

Elements of the offence, the transferor’s and transferee’s knowledge, ownership documents, the difference from an unauthorised transaction, and the route for a criminal complaint.

Forgery and use of forged documents

Forgery of a signature or writing; private and official instruments; knowing use of a forged document; and the expert examination and evidence required for complaint and defence.

Theft

Theft complaints, proof of the taking of property, CCTV and witnesses, stolen property, types of ta’zir theft offences and key points for proceedings before the prosecutor’s office and court.

intentional assault and bodily injury under Iranian law

Complaints concerning physical altercations and bodily injury, forensic medical assessment, witnesses and video, diyah compensation or qisas where applicable, and key points on evidence and criminal defence.

Threats

Complaints about threats made in person, by telephone or through messaging services; preserving messages and recordings; evidence; the distinction from insult; and criminal defence considerations.

Insult and false accusations of a crime

The distinction between abusive language and accusing someone of a crime, complaints about messages or published content, evidence and identification of the applicable offence.

dishonoured cheque

Conditions for criminal proceedings over dishonoured cheques, certificates of non-payment, statutory deadlines, cheques outside the criminal route and the distinction from claims for payment.

Online harm to reputation and dissemination of false information

Publication of private images or information and false statements; preservation of digital evidence, attribution of the account and the complaint procedure.

Filing a criminal complaint and preparing the complaint document

The events, possible offence, evidence, prosecutor’s-office investigation, final orders and follow-up stages.

Criminal defence and written defence submissions

Reviewing the charge and evidence, defence rights, preliminary investigations, orders securing the accused’s appearance, court defence and preparation of case-specific written submissions.

Challenging a non-prosecution order

The meaning of a non-prosecution order, the statutory deadline and competent authority for a challenge, preparation of the grounds, and the distinction between incomplete investigation and insufficient evidence.

Qualities of a criminal-defence lawyer

  • Precise identification of the criminal offence: Fraud, criminal breach of trust, transfer of another person’s property, theft, forgery, and other offences have different elements. Superficial similarity of the facts should not lead to selection of the wrong legal characterisation.

  • Distinguishing a civil dispute from a crime: Many financial or contractual disputes are not necessarily crimes. Before filing a criminal complaint, it is necessary to assess whether the alleged conduct has criminal elements or whether a civil route is more appropriate.

  • Preserving and assessing evidence: Assess documents, messages, images, transactions, testimony, official reports and digital data for authenticity, attribution and relevance to the case.

  • Managing the public prosecutor’s office stage: Preliminary investigations, summonses, statements, expert examinations, orders securing the accused’s appearance and final decisions have distinct effects. Each step must fit the procedural stage.

  • Defence tailored to the case: Ready-made texts cannot replace case-specific defence of an accused person or representation of a complainant. The offence elements, evidence, previous statements and procedural and substantive objections must be assessed together.

  • Monitoring deadlines and objections: Objections to criminal orders and judgments are subject to legal deadlines and conditions. The date of notification and the type of decision must be checked before any action.

Key questions in criminal cases

  • If I have been the victim of fraud, how does a criminal complaint differ from a claim for repayment?
  • What documents should be preserved from the outset for criminal breach of trust or transfer of another person’s property?
  • How should I preserve digital evidence of online fraud or threats before the content is deleted?
  • If I have been accused of an offence, what should I know before giving an explanation or submitting a written defence?
  • Is every bounced check subject to criminal prosecution or does it have specific conditions and deadlines?
  • If the prosecutor’s office issues a non-prosecution decision, when and on what grounds can it be challenged?

Frequently asked questions

Organise the events, time, place, persons involved and evidence, and assess whether the matter is criminal in nature. The complaint is then filed through the prescribed procedure.
Fraud focuses on deception and obtaining property. In criminal breach of trust, property or a document is first entrusted to a person for safekeeping or a specified use, and that person’s later conduct is assessed.
Before content is deleted or changed, preserve the link, account ID, timestamps, messages, payment receipts and other attributable data. The legal classification depends on the conduct.
Before responding hastily, identify the charge, evidence and stage of proceedings. Written defence submissions and explanations must be consistent with the actual case file.
No. The Iranian Cheque Issuance Act sets specific conditions and time limits for criminal proceedings. Some dishonoured cheques cannot be pursued criminally.
No. Each has different elements and the exact text, context of publication and the type of attribution or phrase must be examined to determine the correct title.
Yes. In the cases specified by the Iranian Code of Criminal Procedure, the complainant may challenge the order. The time limit runs from notification and must be observed.
No. The outcome depends on the evidence, the legal elements, the defense of the parties and the assessment of the judicial authority, and two cases with the same title can have different results.

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