Fatemeh Rakideh
trainee lawyer at the Iranian Central Bar Association
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objection to a prosecutor’s decision not to prosecute in Iran

objection to a prosecutor’s decision not to prosecute in Iran

Iranian non-prosecution order This means that at the investigation stage, the continuation of the prosecution based on the status of the case has not been accepted. The law provides for the possibility of complainant objecting to this decision in prescribed cases.

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objection to a prosecutor’s decision not to prosecute in Iran

Iranian non-prosecution order This means that at the investigation stage, the continuation of the prosecution based on the status of the case has not been accepted. The law provides for the possibility of complainant objecting to this decision in prescribed cases.

Important aspects of this matter

Point 1

Exact date of notification of the order and calculation of the legal deadline for objection

Point 2

Study of the reason for issuing the order; non-criminality of the conduct or insufficient reason

Point 3

Identification of unconducted research, Neglected reason or specific argumentative objection

Point 4

Setting up an objection based on the contents of the case and the agreement itself,, not just repeating the initial complaint

Documents and evidence related to objection to a prosecutor’s decision not to prosecute in Iran

Legal points and course of action

An effective objection must specify which part of the argument of the order is being challenged and what specific reason or research could change the outcome. Repetition of the initial allegations without responding to the basis of the order usually adds little value.

The authority to hear the objection is determined based on Iranian Code of Criminal Procedure («قانون آیین دادرسی کیفری»). The result may be to confirm or violate the agreement and continue the process, and the final decision depends on the contents of the case.

Related topics

Frequently asked questions

According to the note to Article 270 Iranian Code of Criminal Procedure («قانون آیین دادرسی کیفری»),, for persons residing in Iran, it is ten days and for persons residing abroad, it is one month from the date of notification.
The condition for objection is not always to present a completely new reason; An objection can be made to the assessment of the available evidence,, the lack of investigation or reasoning in the order. The quality of the objection depends on the reason for the order.
The effects of certainty and the possibility of re-proceeding in specific circumstances depend on the issuance of the order and the existence of new evidence, and the relevant materials Iranian Code of Criminal Procedure («قانون آیین دادرسی کیفری») in the case must be adapted.

Methods of contact

Contact us for advice and follow-up of the case through the following ways