Challenging a non-prosecution order
A non-prosecution decision means that, at the investigation stage, continuation of the prosecution was not accepted in light of the case file. In the situations prescribed by law, the complainant may challenge that decision.
Request a consultationChallenging a non-prosecution order
A non-prosecution decision means that, at the investigation stage, continuation of the prosecution was not accepted in light of the case file. In the situations prescribed by law, the complainant may challenge that decision.
Important aspects of this matter
Point 1
Exact date of notification of the order and calculation of the legal deadline for objection
Point 2
Reviewing why the non-prosecution order was issued: the conduct was not an offence or the evidence was insufficient
Point 3
Identifying investigative steps not taken, overlooked evidence or specific flaws in the reasoning
Point 4
Preparing a challenge based on the case file and the order itself, rather than merely repeating the original complaint
Legal points and course of action
An effective challenge must identify the part of the order’s reasoning disputed and the evidence or investigative step that could change the outcome. Repeating the original allegations without addressing the basis of the order usually adds little.
The Iranian Code of Criminal Procedure determines the authority competent to hear the challenge. The non-prosecution order may be upheld or set aside, allowing proceedings to continue; the decision depends on the case file.
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Relevant legal sources
Iranian Code of Criminal Procedure, as subsequently amended.
Iranian Islamic Penal Code, enacted in 1392 SH, as amended
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.
The official texts and latest amendments are available in the National Database of Iranian Laws and Regulations.
Frequently asked questions
Methods of contact
For legal advice or follow-up on a case, contact us using one of the methods below.