Authors : Kheirollah Hormuzi and Sayed Hojat Alavi
Abstract: Sometimes in the commission of a crime may also undermine the private rights of a person or persons in addition to the realm of public law, that the damage and loss compensation’s could be material and or spiritual accordingly, the offense will be creating two rights. One is the community right due to the offenders disturbing public order and another victim’s right by the crime to claim loss compensation. Private litigation arising from crime is an example of legal claims verifiable in terms of nature as an act of civil liability and requires criminal responsibility for crimes committed and requires Code of Civil Procedure in terms of deal is form (Article 15 q.a.d.k). Moreover, to claim a private litigation on appeal given that is in conflict with the two degrees-of-hearing principle is impossible. However, it is possible in the protestation stage, because in fact protestation is the continuation of the first stage investigation and is not in conflict with the principle of two degrees-of-hearing. Although, the principle is that the the public's rights go to the competent courts and criminal courts and legal jurisdiction court deals with the private litigation, in exceptional cases criminal court has jurisdiction over the private litigation case. The philosophy of this exception source is the reduction of the proceedings.
Kheirollah Hormuzi and Sayed Hojat Alavi, 2016. Private Litigation in the Criminal Justice Process. Research Journal of Applied Sciences, 11: 1317-1323.