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Information Journal Paper

Title

Identify the Liability of The Insurer in The Criminal Process

Pages

  215-242

Abstract

 Objective: Many of the harmful accidents are considered in order to be accompanied by bodily injury in the criminal courts and pay attention to the status of parties involved in losses, insurance interests and the judiciary to provide preparation of losses for the least amount of time and cost. History of judicial procedure shows that in some cases, such as death of the accused, the non-occurrence of a crime and etc. the criminal court has closed the case and the parties of the accident are referred to file a claim for damages. The purpose of this study is to clarify the new approach of the legislator in compensation faster and less costly of bodily injuries and by examining the effect of Clause (1) of Article 85 of the Code of Criminal Procedure on the Insurer, the theory of compensation for an accident in the course of a proceeding shall be strengthened to avoid duplication of claims and imposing costs on both sides of the case, insurance and the judiciary. Methodology: This is a descriptive-analytical research. The existing decisions in the judicial procedure as the study documents was used. Findings: in addition to some of the disadvantages of the widespread interpretation of Clause (1) of Article 85 of the Code of Criminal Procedure, the analysis of economic and social consequences of the provision requires the necessity of a single investigation into the consequences of an accident and the new procedure of criminal courts also tends to this direction. Conclusion: The scope of Clause (1) of Article 85 of the Code of Criminal Procedure in addition to the treasury, can be generalized to the fund for physical damage and the Insurer. Also, by including the culprit and non-culpable injuries in the accident, the necessary grounds should be provided for the compensation of injuries caused by accident during a hearing.

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    APA: Copy

    AFKAR, HAMID, KHODABAKHSHI, ABDOLLAH, & Seidzadeh Sani, Seyed Mahdi. (2020). Identify the Liability of The Insurer in The Criminal Process. IRANIAN JOURNAL OF INSURANCE RESEARCH (SANAAT-E-BIMEH), 35(1 ), 215-242. SID. https://sid.ir/paper/408560/en

    Vancouver: Copy

    AFKAR HAMID, KHODABAKHSHI ABDOLLAH, Seidzadeh Sani Seyed Mahdi. Identify the Liability of The Insurer in The Criminal Process. IRANIAN JOURNAL OF INSURANCE RESEARCH (SANAAT-E-BIMEH)[Internet]. 2020;35(1 ):215-242. Available from: https://sid.ir/paper/408560/en

    IEEE: Copy

    HAMID AFKAR, ABDOLLAH KHODABAKHSHI, and Seyed Mahdi Seidzadeh Sani, “Identify the Liability of The Insurer in The Criminal Process,” IRANIAN JOURNAL OF INSURANCE RESEARCH (SANAAT-E-BIMEH), vol. 35, no. 1 , pp. 215–242, 2020, [Online]. Available: https://sid.ir/paper/408560/en

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