Private Law Research

Effects of Criminal Procedure Act 2014 in possibility of claiming moral damages and loss of profit in legal system of Iran

Document Type : Research Paper

Authors

Pejman Mohammadi 1
Amir Moradpourshad
Hojjat mobayen 2

1 Associate Professor of Law, Faculty of Economics and Social Sciences, Shahid Chamran University of Ahvaz

2 Assistant Professor, Faculty of Law and Political Science of Shiraz University

https://doi.org/10.22054/jplr.2018.13442.1342
Abstract
Criminal Procedure Code adopted in 2014 has affected the scope of moral damages and loss of profit from some perspectives. On the one hand, the extent of civil liability for any moral damages to injured party has increased. According to article 14 of the Code, the harm in both forms of loss of reputation and mental distress leads to the civil liability of injurer. On the other hand, the scope of recoverable moral damages and loss of profits, that is, the scope of civil liability of the persons has been sharply reduced. In cases where blood money is paid and the Islamic punishment is imposed, these two types of damage cannot be compensated. In this regard, the legislator has stopped up even further by stating that this type of damage is compensable when the loss of profit compensation can be equal to the destruction. Finally, based on article 14 (1) Criminal Procedure Code, the scope of remedy for compensating moral damages has expanded. In other words, moral damages can be compensated through pecuniary and non-pecuniary way.

Keywords

Key words: moral damages
destruction
loss of profit
scope of civil liability
prospective profits
انگلیسی و فرانسه
- Auxéméry, Yann (2017) “L’évaluation du dommage psychique en droit commun”, Annal Médico-Psychologique,175(2017), pp.393-400.
- Howarth, David. (1996). “Economic Loss in England: the search for coherence”, in Civil Liability for Pure Economic Loss, Vol. 16, Kluwer Law International, 1st edition.
- Lahe, Janno; Kull Irene (2016) “Compensation of non-pecuniary damage to persons close to the deceased or to the aggrieved person”, International Comparative Jurisprudence, 2(2016), pp.1-7.
- Micu, Bogdan Florin (2013) “Consideration on Moral Damages Caused by an Offense”, Procedia Social and Behavioral Sciences, 92, pp. 540-543.
- Von Bar, Christian (Ed.) et al. (2009) Principal, Definitions and Model Rules of European Private Law, Munich: Selier European Law Publisher.
- Wier, Tony. (2006). An Introduction to Tort Law, second edition, Oxford.
- Zimmermann, R. (2011) “Comparative Report” in: Winiger B., Koziol, B., Koch, B. & Zimmermann R., Digest of European Tort Law, Vol.2, Berlin: De Gruyter & Co.
 
منابع الکترونیکی
خدابخشی، عبدالله، «سایت رساله حقوق»، بازیابی شده از:
http://rhoghough.ir visited in 1393/10/01
Private Law Research
Volume 7, Issue 24
Autumn 2018
Pages 65-93

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