Fundamental Challenges in Victim Protection under the Code of Criminal Procedure (2013) from the Perspective of the Victim-Centered Trial Model

Shahed, Baharak

doi:10.22034/jclc.2025.2050500.1148

Fundamental Challenges in Victim Protection under the Code of Criminal Procedure (2013) from the Perspective of the Victim-Centered Trial Model

Document Type : Original Article

Author

baharak shahed

Assistant Professor, Department of Law, Islamic Azad University, Urmia Branch, Urmia, Iran.

10.22034/jclc.2025.2050500.1148

Abstract

In criminal proceedings, the complainant is not merely a plaintiff alleging an offense but a potential victim whose material and moral rights must be safeguarded within a balanced procedural framework. Under a victim-centered model, the State bears a duty to protect its citizens, particularly since the occurrence of crime may arguably stem from the failure of the criminal justice system’s preventive mechanisms. While Iran’s Code of Criminal Procedure (2013) incorporates certain elements of this approach, its application remains partial and lacks the comprehensiveness observed in successful comparative jurisdictions. Significant structural and procedural deficiencies continue to undermine effective victim support. These include the inadequacy of applying strict civil procedure formalities to criminal compensation claims; the imposition of court costs on victims akin to civil plaintiffs; the legal inability to compensate the victim from bail confiscated from third parties; the lack of psychological and legal support for victims immediately upon reporting crimes to judicial officers; and the absence of a defined mechanism for calculating moral damages, which has led to judicial inconsistency. Consequently, the victim risks becoming a “forgotten entity” within the procedural framework. A rigid legalistic approach that prioritizes State rights over the immediate needs of the victim fosters dissatisfaction with the criminal justice system, potentially driving victims toward private retaliation rather than public recourse. Adopting a reasoned and analytical approach, this study critiques these statutory shortcomings and proposes legislative and policy-oriented solutions to bridge existing gaps and establish a more equitable, victim-sensitive justice system.

Keywords

Victim

Compensation

Legal protection

Financial support

Subjects