The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

The right of the accused to compensation in the Iranian criminal justice system

Author
Mansour Rahmdel
Abstract
Abstract

Normally, when the right to compensation is spoken, the victim's compensation is taken into account, as the Iranian legislator has done so in articles 14 and 15 of the Criminal Procedure Code. But the current article refers, not the victim, but the accused right to compensation. The Criminal Procedure Code of 1912 and 1999 referred to the possibility of compensating the accused by the private complainant, who was found to be iniquitous. However, none of the two codes referred to the government's obligation to compensate for the innocent accused. The criminal procedure Code of 2014 stipulates the government's obligation to compensate the defendant for damages, but does not rule out the possibility of compensation by the plaintiff, who was found to be iniquitous. Certainly, the failure to affirm the liability of an iniquitous complainant does not exempt him of the liability to compensation and he will be liable according to general rules of civil liability. Reaffirming the responsibility of the government to offset the losses of innocent accused is one of the highlights of the new code, which is according to international conventions. But the lack of provision for compensation for unjustified detention is one of the gaps in the new law. The current paper is a practical and fundamental research which emphasizes on clarifying the different dimensions of the compensation by using the analytical method.
Keywords
Keywords: the innocent accused
Compensation
Right
Government
complainant
Armbrust, Shawn (2004), When Money Isn't Enough: The Case for Holistic Compensation of the Wrongfully Convicted, 41 AM CRIM. L. REV. 157.
Baradaran, Shima, (2011), Restoring the Presumption of Innocence, 72 OHIO ST. L.J. 723, 728.
FREDERICK McLELLAN, MYLES (2013-2014), Innocence Compensation: the Private, Public and Prerogative Remedies, 45 Ottawa L. Rev. 59, Pp.59-92.
Gamble, Roger & Dias, Noel (2009), EQUALITY OF ARMS IS A BLESSED PHRASE: ITS MEANING UNDER INTERNATIONAL LAW, 21 Sri Lanka J. Int'l L. 187, 216.
Garrett, B. L (2011), Convicting the innocent: where criminal prosecutions go wrong, Cambridge, Harward University Press.
Godsey, Mark (2015), The Human Factors in Wrongful Convictions across National Borders, In: Understanding Wrongful Conviction, The Protection of the innocent across Europe and America, Edited by Luca Luparia, Wolters Kluwer, pp. 13-37.
Jong, Ferry de & Lent, Leonie van, (2016), The Presumption of Innocence as a Counterfactual Principle, 12 Utrecht L. Rev. 32, 49.
Herrmann, Joachim, (1974), The Rule of Compulsory Prosecution and the Scope of Prosecutorial Discretion in Germany, 41 U CHI. L. REV. 468, 469.
Killias, Martin (2015), Wrongful convictions as a result of political pressure, In: Understanding Wrongful Conviction, The Protection of the innocent across Europe and America, Edited by Luca Luparia, Wolters Kluwer, pp. 57-80.
NEGRI, STEFANIA, (2005), The Principle of "Equality of Arms" and the Evolving Law of International Criminal Procedure, International Criminal Law Review 5: 513-571, 513, Koninklyke Brill NV Printed in the Netherlands.
O'Boyle, Harris, D., M., and Warbrick, C., (1995) Law of the European Convention on Human Rights, Butterworths, London, 2018.
Quintard-Morenas, F. (2010), The Presumption of Innocence in the French and Anglo-American Legal Traditions, 58 The American Journal of Comparative Law, pp. 107-150.
Robert R. Rigg (1999), The Constitution, Compensation, and Competence: A Case Study, Published at The University of Texas School of Law, VOLUME 27, pp. 2-48.
Roberts, Paul and Zuckerman, Adrian (2010), Criminal Evidence, Oxford University Press, Oxford.
Sibley, N. W, COMPENSATION IN CASES OF WRONGFUL CONVICTION, Criminal Appeal and Evidence 254-304.
Shaw, John (2011), EXONERATION AND THE ROAD TO COMPENSATION: THE TIM COLE ACT AND COMPREHENSIVE COMPENSATION FOR PERSONS WRONGFULLY IMPRISONED, 17 Tex. Wesleyan L. Rev. 593-617.
Staszewski, Glen, (2009), Reason-Giving and Accountability, 93 MINN. L. REv. 1253. Pp. 56-84.
Taylor, Nick, (2002), Fixing the Price for Spoiled Lives: Compensation for Wrongful Conviction, criminal justice review 1991-2001, center for criminal justice studies, university of Leeds, www.leeds.ac.uk.law.ccjs.homepage.htm. Last visit, 06/09/2017.
Vuille, Joelle, Biedermann, Alex, Taroni, Franco, (2015), Accounting for the potential of error in the evaluation of the weight of scientific evidence, In: Understanding Wrongful Conviction, The Protection of the innocent across Europe and America, Edited by Luca Luparia, Wolters Kluwer, pp. 39-55.
The Causes of Wrongful Convictions, THE INNOCENCE PROJECT, http://www.innocenceproject.org/understand/ (last visited February 13, 2011); see also Causes and Remedies, NORTHWESTERN LAW, http:// last visited 25/08/2017.