EFFECTS OF CRIMINAL PROCEDURE ACT 2014 IN POSSIBILITY OF CLAIMING MORAL DAMAGES AND LOSS OF PROFIT IN LEGAL SYSTEM OF IRAN

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MOHAMMADI PEZHMAN; MORADPOUR SHAD AMIR; MOBAYEN HOJJAT

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: PRIVATE LAW Year:2018 | Volume:6 | Issue:24 Page(s): 65-93

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Title

EFFECTS OF CRIMINAL PROCEDURE ACT 2014 IN POSSIBILITY OF CLAIMING MORAL DAMAGES AND LOSS OF PROFIT IN LEGAL SYSTEM OF IRAN

Author(s)

MOHAMMADI PEZHMAN | MORADPOUR SHAD AMIR | MOBAYEN HOJJAT | Issue Writer Certificate

Keywords

MORAL DAMAGESQ2

DESTRUCTIONQ2

LOSS OF PROFITQ1

SCOPE OF CIVIL LIABILITYQ1

PROSPECTIVE PROFITSQ2

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.

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APA: Copy

MOHAMMADI, PEZHMAN, MORADPOUR SHAD, AMIR, & MOBAYEN, HOJJAT. (2018). EFFECTS OF CRIMINAL PROCEDURE ACT 2014 IN POSSIBILITY OF CLAIMING MORAL DAMAGES AND LOSS OF PROFIT IN LEGAL SYSTEM OF IRAN. PRIVATE LAW, 6(24 ), 65-93. SID. https://sid.ir/paper/252712/en

Vancouver: Copy

MOHAMMADI PEZHMAN, MORADPOUR SHAD AMIR, MOBAYEN HOJJAT. EFFECTS OF CRIMINAL PROCEDURE ACT 2014 IN POSSIBILITY OF CLAIMING MORAL DAMAGES AND LOSS OF PROFIT IN LEGAL SYSTEM OF IRAN. PRIVATE LAW[Internet]. 2018;6(24 ):65-93. Available from: https://sid.ir/paper/252712/en

IEEE: Copy

PEZHMAN MOHAMMADI, AMIR MORADPOUR SHAD, and HOJJAT MOBAYEN, “EFFECTS OF CRIMINAL PROCEDURE ACT 2014 IN POSSIBILITY OF CLAIMING MORAL DAMAGES AND LOSS OF PROFIT IN LEGAL SYSTEM OF IRAN,” PRIVATE LAW, vol. 6, no. 24 , pp. 65–93, 2018, [Online]. Available: https://sid.ir/paper/252712/en

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