Document Type : Research/Original/Regular Article
Authors
1
Judge of Justice, PhD Student in Private Law, Faculty of Law, Theology and Political Science, Islamic Azad University (Tehran Science and Research Branch), Tehran, Iran
2
Associate Professor, Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
3
Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, Theology and Political Science, Islamic Azad University (Tehran Science and Research Branch), Tehran, Iran
4
Associate Professor, Department of Private Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran
Abstract
The enactment of the Code of Criminal Procedure in 2014, following the 1999 law that considered general courts, raised the question of what the consequences would be for the separation of legal and criminal authorities. One of these effects is the influence of the legal authority from the criminal due to the compliance of the legal authority with the criminal verdict. However, the question is "to what extent" and "in which condition"? In Article 18 of the Code of Criminal Procedure, the legislature only mentions the phrase "effective" criminal verdict on a law. While the phrase is not clear and should be analyzed by studying the elements of the criminal verdict. In this article, by mentioning the principles, characteristics, conditions and effects of the rule of validity of the final criminal case in civil law in the legal system of Iran and France, we explain the superiority of criminal law over civil law by mentioning the votes. Finally, we make the exception of the fact that the third party is the victim of the criminal verdict and the buyer of the property in the transaction intends to flee from the debt. The research method is based on a descriptive-analytical and applied method (judicial procedure). The main result is to prove the existence of the right of the third party affected by this rule.
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