Criminal Investigation and Penal Procedures in Iran – Cosmos Legal Guide

Iran’s criminal law is governed by the Islamic Penal Code of Iran and the Criminal Procedure Code of Iran. The country has a hybrid legal system, blending Sharia (Islamic law) principles with modern legal practices. The investigation and prosecution of crimes are carried out systematically by central and local authorities.

Cosmos Legal Law Firm provides professional legal representation and guidance for individuals, especially foreign nationals, navigating Iran’s criminal justice system.

1. Investigation Phase

Responsible Authorities:
Criminal investigations in Iran are conducted by the Law Enforcement Force (NAJA) and the Prosecutor’s Office. The police may detain a suspect and begin evidence collection if there is reasonable suspicion of a crime.

Prosecutor Oversight:
The Prosecutor ensures that the investigation is legally compliant and decides whether to file charges. The sufficiency of evidence is critical at this stage.

Detention and Arrest:
A suspect may be detained if there is reasonable suspicion or sufficient evidence. Detention periods are legally limited and may be extended by a court order.

2. Evidence Collection

• Witness Testimony: Fundamental to the investigation.

• Physical and Digital Evidence: Documents, video recordings, digital data, and technical reports are included in the investigation file.

• Expert Evaluations: Technical or forensic expert reports may be used as evidence in certain cases.

3. Indictment and Filing Charges

Once sufficient evidence is collected, the prosecutor prepares an indictment detailing:

• The definition of the offense

• Alleged acts of the accused

• Applicable legal provisions and penalties

If evidence is insufficient, the case may not proceed or may result in a dismissal.

4. Criminal Trial

Courts:
Criminal cases are heard either by Criminal Courts (Branch Courts) or Revolutionary Courts, depending on the nature of the crime.

Right to Defense:
The accused has the right to defend themselves through a lawyer. Cosmos Legal provides professional legal representation, ensuring that the rights of foreign nationals are fully protected.

Judgment:
Courts issue rulings based on prosecutor claims, defense arguments, and submitted evidence.

5. Types of Penalties

Iranian criminal law includes various sanctions:

• Imprisonment: Short-term or long-term, depending on the crime.

• Fines: Applied for minor offenses.

• Sharia-based Punishments: Qisas, diyat, or hadd penalties may apply.

• Additional Sanctions: Suspension from public service, professional bans, or deportation.

6. Appeals and Higher Courts

Criminal rulings may be challenged through appeals and cassation procedures. Higher courts review both procedural and substantive aspects to ensure compliance with the law.

Role of Cosmos Legal Law Firm

Cosmos Legal assists clients in all phases of criminal proceedings in Iran, including:

• Legal representation during detention and arrest

• Defense in criminal courts

• Translation and legal advisory support for foreign clients

• Filing appeals and cassation requests

Due to the complexity of Iran’s criminal law, especially for foreign nationals, professional legal guidance is essential. Cosmos Legal ensures that clients’ rights to fair trial and due process are protected while managing the process securely and transparently.