Research and development in criminal law and criminology

Research and development in criminal law and criminology

State Compensation for Victims of Crime: A Comparative Study of Iranian and English Law

Document Type : Original Article

Authors
Mostafa Vakili 1
abbas sheikholeslami 2
1 LLM in Criminal Law and Criminology, Islamic Azad University, Mashhad Branch, Mashhad, Iran
2 Islamic Azad University, Mashhad Branch
10.22034/jclc.2025.2054283.1165
Abstract
Compensation for criminal harm is a fundamental tenet of criminal justice, contributing to the restoration of the victim’s position and reinforcing public confidence in the judicial system. Under established legal principles, the primary liability for restitution rests with the offender. However, in instances where victims are unable to recover damages—due to the perpetrator’s insolvency, escape, or identification failure—the principle of victim protection necessitates state intervention. This study adopts a comparative approach to examine state-funded compensation mechanisms in the legal systems of Iran and England. In Iranian law, the state’s obligation to compensate via the public treasury (Bayt al-Mal) is grounded in jurisprudential tenets, where the treasury assumes a religious duty to redress victims in specific cases, regardless of the offender’s availability. Conversely, in the English legal system, state compensation operates primarily as an ex gratia mechanism—a discretionary support system contingent upon fiscal policy and resource availability, rather than a recognition of legal indebtedness to the victim. The findings indicate that while Iranian law maintains an emphasis on the necessity of compensation, its protective role remains restricted to specific statutory conditions. In contrast, the English legal system provides a more comprehensive scope of protection, facilitated by the Criminal Injuries Compensation Authority (CICA), which offers structured support mechanisms for vulnerable victims. Utilizing a descriptive-analytical methodology, this research explores the role of the state in these frameworks, identifies the systemic challenges in realizing effective compensation, and provides recommendations for strengthening existing mechanisms.


Keywords
State Compensation
Victim Rights
Criminal Injuries Compensation Authority (CICA)
Comparative Criminal Policy
Subjects
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Research and development in criminal law and criminology
Volume 3, Issue 5 - Serial Number 5
August 2026
Pages 522-553