Barriers and Deficiencies of the Iranian Criminal Justice System in Providing Effective Protection for Private Complainants

Abstract

In the Iranian criminal justice system, despite the recognition of certain rights for private complainants in recent legislation, a significant gap persists between legal protection and practical protection. The problem statement of this study focuses on the reality that private complainants, in pursuing their claims, encounter challenges such as prolonged proceedings, lack of accurate and timely information, imposed financial burdens, insufficient psychological and security support services, and administrative complexities; issues that reduce the efficiency of the criminal justice system and, in some cases, lead to secondary victimization. The main hypothesis is that the failure to provide effective protection for complainants is not due to a single deficiency, but rather the result of the overlap and interaction of a set of barriers at legislative, structural, cultural, and executive levels; such that reforming one dimension without addressing others cannot result in effective protection. The central research question is: what are the primary barriers and deficiencies of the criminal justice system in the process of supporting private complainants, and how do these barriers affect the quality and efficiency of judicial proceedings? The objective of this study is to provide a coherent analysis of the current situation and to explain the multi-layered factors that hinder the realization of genuine protection for complainants, thereby laying the groundwork for the development of scientific and policy-oriented solutions. The research method is analytical–descriptive and is based on library research, examination of laws, review of official documents, and analysis of criminological and victimological literature. The findings indicate that weak coordination among the components of the criminal justice system, the limited adoption of a victim-oriented approach, legal deficiencies in scope and enforcement guarantees, lack of electronic infrastructure, high case congestion, and the absence of specialized services for vulnerable complainants are among the most significant causes of the current inefficiency. Overall, the underlying cause of the present situation is primarily the absence of a coherent and integrated criminal policy toward complainants; therefore, achieving effective protection requires structural reform, strengthening of judicial technologies, and the promotion of a victim-oriented perspective within the criminal justice system.