Litigation Process in Iran

Posted on Posted in Business Guidelines

Litigation Process in Iran

Litigation process in Iran falls into two categories. They are known as legal and criminal claims. We will go through them briefly and separately.

Criminal claims:

Each crime has a public aspect for which attorney general , as the representative of people, is responsible to protect society and its benefits from material and intellectual damages each crime causes. Consequently, litigation process in criminal cases begins by attorney general in special courts called public and Enghelab courts.

After the crime was proved to be committed, the writ of criminality will be issued by an indictment brought by the claimant and appeal for retribution from due courts. When the indictment was issued, the case will be referred to one of provincial public or criminal courts, based on their jurisdiction.

After legal proceedings and issuance of verdict, the defendant has 20 days to appeal for the review of judgment in appeal courts.

For those who are residents abroad, time limit is two months.

When the verdict is finalized which takes place either in appeal court or courts of first instance, the case will be referred to criminal verdicts execution sector where needed measures are taken.

Litigation process for criminal cases is brought here briefly:

  1. committing a crime
  2. complaint of plaintiff – prosecution of court (Enghelab and public courts)
  3. performing preliminary researches by the court
  4. issuance of the writ of criminality and indictment
  5. legal proceedings in court
  6. appeal in court
  7. review of judgment
  8. appeal for retribution
  9. execution of verdict

 

 

Legal claims:

Litigation for legal claims occurs in courts of justice directly and there is no need to refer to public and Enghelab courts in the first place. Legal claims process begins by offering petition papers to the court on which the claims shall be specified plainly and directly. The case, based on the jurisdiction of courts, will be referred to either a branch of court of justice or dispute settlement council where it is due.

Note: after drawing up the petition and voiding the stamp, the petition will be taken to electronic registration office and after electronic registration of it, the case shall be brought again to the council or a branch of court, where it is due.

The manager of court office brings the case to the attention of the court where the time for lawsuit will be determined. When the time determination wad done, the case will be returned to the office immediately and judicial notices will be prepared there for the information of the parties. When the verdict was issued and written down, a 20 day time limit will be allocated to parties for any possible appeal for the review of judgment. (time limit begins from the service of judgment)

If the verdict is issued in absentia, the defendant in absentia can appeal the court within 2 months.

Some points to be mentioned here:

  1. time limit for Iranians who are residents abroad is two months
  2. when appealing time duration runs out, time duration for the review of judgment begins.
  3. if the verdict is issued and it is in accordance with religious and legal rules, it is possible to ask for its execution.
  4. when the verdict of the court is finalized, the case will be referred to legal verdicts execution sector to be executed.

Litigation process for legal cases is brought here briefly:

  1. offering petition to the court
  2. voiding the stamp and paying the expenses of court proceedings
  3. registration of the case and referring it to either a due branch of court or dispute settlement council
  4. registration of the case in court office and determining the time for lawsuit
  5. court proceedings and settling the dispute
  6. issuing a verdict (or a writ)
  7. appealing the judgment
  8. appeal for retribution
  9. review of judgment
  10. appeal for the execution of verdict

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