The Reciprocal Impact of Civil and Criminal Claims on Each Other

Abstract

The reciprocal impact of civil and criminal claims on each other is one of the complex and significant issues in the Iranian judicial system, whereby proceedings in one judicial forum may be contingent upon the determination of a matter in another forum. This study, employing an analytical–descriptive method and using library-based data collection, examines the dimensions of this interaction. Such interaction is mainly manifested through the institutions of Order of Suspension of Civil Proceedings (qarār-e enāṭeh) and damages resulting from a criminal act. The findings indicate that the prevailing judicial practice is largely based on the civil court’s adherence to the final judgment of the criminal court and the suspension of proceedings through the issuance of an Order of Suspension. This reciprocal influence can be traced throughout all stages of litigation—from preliminary investigations and trial proceedings to appeal, cassation, and retrial. The most critical challenge arising from this situation is the prolongation of proceedings and the imposition of additional costs on the litigants and the judicial system. Moreover, there are legal gaps and ambiguities, including the lack of clarity regarding the extent of the “impact” of rulings from one forum on another and the absence of explicit provisions for cases in which civil claims affect criminal proceedings. The article ultimately proposes the establishment of specialized chambers within criminal and civil courts to address cases with interdependent claims as a practical solution to expedite adjudication and enhance the efficiency of the judicial system.