The Impact of Remission by Complainant on Trial Process and Determine the Punishment

Document Type : Original Article

Author

Assistant Professor of Law, Islamic Azad University, Andimeshk Branch, Andimeshk, Iran

Abstract

Forgiving from prosecution or punishment is a right that according to the law belongs to the victim of a crime, heir or his legal representative, and the legislator is to persuade the criminal to restore the situation to the state of the crime before the crime, as mitigating circumstance, it predicted both before and after the verdict, but its impact on the process of prosecution and the determination of the punishment depends on the nature of the offense as unforgivable offences and remittable. So that in forgivable offences, the remission of claimant will cause the complainant to stop or to be executed at any stage. But unforgivable offences, the effect of this is different at different stages of the criminal process and in numerous assumptions. In the present article, while defining the types of Unforgivable offences and remittable and referring to their implications, the effect of the remission of claimant, has been addressed in each.

Keywords

Academic Journal of Knowledge and Research of Law
Volume 4, Issue 1
September 2018
Pages 27-54

Files

Share

How to cite

Statistics