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.
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.
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.
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?
Relevant legal sources
Iranian Islamic Penal Code, enacted in 1392 SH, as amended
Book Five of the Iranian Islamic Penal Code (Ta’zir and Deterrent Punishments), enacted in 1375 SH, as amended
Iranian Code of Criminal Procedure, as subsequently amended.
Iranian Act on Reduction of Ta’zir Imprisonment («قانون کاهش مجازات حبس تعزیری»)
This list identifies the principal legal provisions relevant to the page. The applicable law and amendments must be checked against the dates, subject matter and circumstances of each case.
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.
Methods of contact
For legal advice or follow-up on a case, contact us using one of the methods below.