Fundamentals of Compensation for Losses and Damages Caused by Crime in the Judicial Systems of Iran and England: Challenges and Solutions

Vakili, Mostafa; Sheikhul Islami, Abbas

doi:10.22034/jclc.2024.2048101.1131

Fundamentals of Compensation for Losses and Damages Caused by Crime in the Judicial Systems of Iran and England: Challenges and Solutions

Document Type : Original Article

Authors

Mostafa Vakili ¹

Abbas Sheikhul Islami ²

¹ Master's degree in Criminal Law and Criminology, Islamic Azad University, Mashhad Branch, Mashhad, Iran

² Associate Professor of Criminal Law and Criminology, Islamic Azad University, Mashhad Branch, Mashhad, Iran

10.22034/jclc.2024.2048101.1131

Abstract

Compensation for damages caused by crime is a fundamental goal of the criminal justice system, aiming to restore victims' rights and repair harm. This research adopts a comparative approach to examine the principles, conditions, and mechanisms for compensation in the legal systems of Iran and England. The findings highlight three key conditions for compensation: provable and real damage, a direct causal link between the crime and the damage, and the direct impact of the damage on the victim. Article 14 of Iran’s Criminal Procedure Code (2013) allows plaintiffs to claim compensation for material and moral losses, as well as potential benefits lost due to the crime. This reflects the legislator’s commitment to upholding victims’ rights and justice. Furthermore, Article 82 introduces restorative justice, emphasizing not only punishment but also rebuilding relationships and mitigating the crime's societal impacts. In England, compensation relies on custom, judicial practices, and established laws, providing a practical, restorative justice-based framework. Both systems prioritize the individual circumstances of victims and offenders, restoration of the prior state, and social considerations in determining compensation methods. This descriptive-analytical study explores compensation principles and challenges, offering recommendations to improve mechanisms and ensure effective protection of victims' rights in both jurisdictions.

Keywords

Restorative Justice

Proportionality between the Harm Caused by the Crime

Full Compensation for Damages

Challenges of Compensation for Damages

Subjects