According to Article 106 of the Islamic Penal Code adopted in 1392, if the plaintiff does not file a criminal complaint within one year from the date of notification of the crime, his right to file a criminal complaint will be revoked. This rule is called "statute of complaint limitation" in criminal law. Statute of complaint limitation is one of the cases in which if the legal conditions are met, the investigating authority is not able to investigate the crime and regardless of the accuracy of the issue and without entering into the normative aspects as of the complaint, according to Article 13 of the Code of Criminal l Procedure, prosecution should be suspended. One of the pillars of the passage of time in a criminal complaint is the forgivability of the crime, which today, after enactment of the law "Reducing the punishment of imprisonment" and turning many unforgivable crimes into forgivable, has created differences in this regard. Now, it should be examined what are effects cause from the law on reducing the punishment of imprisonment on the statute of complaint limitation? Naturally, the interpretation in favor of the accused and retrospectivity of the laws of procedural criminal laws subject to Articles 10 and 11 of the Islamic Penal Code adopted in 1392 requires complaints that are referred to the courts after the law is passed and the date of the crime precedes the law be considered unforgivable and subject to the rule of statute of complaint limitation? In this regard, by reviewing the lawsuit issued by the Fourth Branch of the Public and Revolutionary Prosecutor's Office of the 14th District of Tehran, we will state the reasons and principles cited in the ruling and apply it to the subject under discussion.
Moosavi Abdol Abadi,S M M . (2021). Effects of Reducing the Punishment of Imprisonment Code on Statute of Complaint Limitation. Ray (Judicial Case Review), 10(34), 95-112. doi: 10.22106/jcr.2021.528716.1342
MLA
Moosavi Abdol Abadi,S M M . "Effects of Reducing the Punishment of Imprisonment Code on Statute of Complaint Limitation", Ray (Judicial Case Review), 10, 34, 2021, 95-112. doi: 10.22106/jcr.2021.528716.1342
HARVARD
Moosavi Abdol Abadi S M M. (2021). 'Effects of Reducing the Punishment of Imprisonment Code on Statute of Complaint Limitation', Ray (Judicial Case Review), 10(34), pp. 95-112. doi: 10.22106/jcr.2021.528716.1342
CHICAGO
S M M Moosavi Abdol Abadi, "Effects of Reducing the Punishment of Imprisonment Code on Statute of Complaint Limitation," Ray (Judicial Case Review), 10 34 (2021): 95-112, doi: 10.22106/jcr.2021.528716.1342
VANCOUVER
Moosavi Abdol Abadi S M M. Effects of Reducing the Punishment of Imprisonment Code on Statute of Complaint Limitation. Ray (Judicial Case Review). 2021;10(34):95-112 (In Persian). doi: 10.22106/jcr.2021.528716.1342