Research and development in criminal law and criminology

Research and development in criminal law and criminology

State Compensation for Crime in the Legal Systems of Iran and England (Challenges and Solutions)

Document Type : Original Article

Authors
1 Islamic Azad University, Mashhad branch
2 Islamic Azad University, Mashhad Branch
Abstract
Compensation for crime-related harm is a key part of criminal justice., contributing to the restoration of the victim’s condition and reinforcing public trust in the judicial system. According to principles recognized in advanced legal systems, the primary responsibility for compensation lies with the offender, who is obligated to redress the damages caused. However, in some cases, victims are unable to obtain compensation due to various circumstances. In such circumstances, the principle of victim protection necessitates state intervention through mechanisms such as compensation funds or insurance schemes. In Iranian law, the state’s obligation to compensate through the public treasury is rooted in religious principles; that is, the treasury, as a matter of religious duty, is responsible for compensating victims in specific cases, even in the absence or after the death of the offender. By contrast, in the English legal system, state compensation has a protective and discretionary character, contingent upon governmental financial policies and available public resources. The state does not consider itself legally indebted to victims, but rather supports them within the framework of a charitable or welfare-based approach. This study adopts a comparative approach to examine state compensation for crime in the legal systems of Iran and England. The findings indicate that, in Iranian law, despite the emphasis on the necessity of compensation, the state’s protective role is restricted to specific conditions such as the inability to identify the perpetrator, their escape, or financial incapacity. In contrast, the English legal system provides a broader scope of protection and, through the establishment of the Criminal Injuries Compensation Authority (CICA), offers specific support mechanisms for vulnerable groups. Using a descriptive-analytical methodology, this research explores the role of the state in compensating crime victims within these legal frameworks, identifies the challenges in realizing this goal, and ultimately presents recommendations for improving compensation mechanisms and overcoming existing barriers.
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