What is a complaint rejection?
What is a complaint rejection? : Injuring the life and property of others has always been a vital issue in the law of our country and its prevention is under the protection of laws. In other words, if someone causes harm to others with his behavior or actions, according to the relevant laws, the injured person has the right to complain about his issues in judicial authorities. This means that the law gives the injured person the right to seek compensation from the courts against the owners of the harmful behavior.
Now we want to address a common issue in this field that often arises due to not having enough knowledge of how the legal system works. This issue is related to the rejection of the plaintiff’s complaint. Here we are going to talk about this issue and explain the steps and legal process of investigating and rejecting complaints. Stay with us.
Before starting the main discussion, it is necessary to emphasize that when faced with various legal and criminal cases, we recommend you to use expert advice.
Orders issued in cases of complaints
Before turning to the issue of dismissal of a complaint, we will examine the orders that are generally issued in a complaint process. When the plaintiff files a complaint in one of the correct legal authorities, after conducting investigations and hearing testimonies and reports, if the defendant does not reject the complaint, one of the following orders will be issued:
Prohibition order or punishment sentence:
If the judge, after examining the various materials, concludes that the accused person has not committed a crime, a prohibition order will be issued.
Prosecution suspension order:
This order is applied at the initial stage of the prosecution and ensures that the investigation of the crime continues, unless the law deems this action necessary.
summons to proceedings:
If the investigation shows that the accused has committed a crime, a summons will be issued.
Appointment to stop chasing:
This order is issued by the court and allows the plaintiff to waive the legal process. This decision is part of the plaintiff’s rights, in other words, the plaintiff can waive this right.
Dismissing complaints: Sermons and information
At the beginning of this article, we mentioned the examination of various aspects of filing a criminal or legal complaint and stated that this stage is the most basic step for starting a lawsuit by the plaintiff. At the time of filing the complaint, the complainant is obliged to observe the details and vital points in order to obtain a comprehensive and complete complaint. Without complying with these matters, the possibility of rejection of the complaint will increase.
Considering that every lawsuit and complaint may have unique characteristics, it is very important to use the guidance of experts and skilled people at this stage. These people are able to prevent complaints from being rejected and preventing them from entering the next stages by following the basic points.
Preventing dismissal of the plaintiff’s complaint: key points
In this section, we will examine the critical cases to avoid the rejection of the complaint by the court. These are as follows:
Eligibility of the plaintiff:
Eligibility means that the applicant must be of legal age to be able to make legal requests and claims.
Complaint setting:
The plaintiff must prepare and prepare a complaint so that the crime alleged by him can be examined in court. This initial step is essential.
Basic principles for complaints:
The legal petition must be complete and comprehensive; Otherwise, the court may reject it and refuse to consider the cases.
Enter the details and subject of the complaint:
When filing a complaint, it is necessary to enter all the details and items related to the complaint accurately and completely.
In the following sections, we will take a closer look at some of these items.
Eligibility of the plaintiff: claim the right rights
The eligibility of the plaintiff is very important as one of the vital points to prevent the rejection of the complaint. In Iran’s legal field, the concept of a specific age for eligibility is not considered. According to the laws, the age of puberty is set at 15 years for boys and 9 years for girls. However, people generally become legally competent when they reach the age of 18.
Therefore, the plaintiff must reach the age of 18 or, if he does not reach this age, he must file a complaint and claim with support or representation through a guardian or guardian. These are the basic steps to ensure the plaintiff’s eligibility and the legal process to proceed properly.
Enter the details and subject of the complaint
In order to prevent the complaint from being rejected or to guarantee the court’s careful handling of the complaint, it is necessary to comprehensively and accurately include the complete identity details of the plaintiff, including the exact address and identity information, and if possible the details of the accused, along with the exact subject of the complaint. . In this scenario, we should pay attention to the following:
Full identity details of the plaintiff:
Name and surname of the plaintiff
ID number or national code
The exact address of the plaintiff’s residence
Details of the accused (if possible):
Name and surname of the accused
Any other identifying information available
The subject of the complaint:
Detailed details about the crime incident
The exact date of the crime
The exact location of the crime
Financial losses:
Detailed description of the damage caused to the plaintiff, including the amount of financial loss or any claim the plaintiff has
Attachment of evidence and specifications of witnesses:
Bringing documents related to the complaint
Names and details of witnesses and informants
Signature:
Complainant’s signature
Signature of the lawyer in case of compilation and supervision of the lawyer
Note that if all these items are prepared and presented by a professional lawyer, the information and signature of the lawyer must also be introduced in the complaint. These measures are key to prevent the complaint from being dismissed and to protect the plaintiff’s rights.
Plaintiff’s side
The plaintiff’s position is one of the vital aspects in the discussion of preventing the rejection of the complaint. Thank you for your cooperation and support, most valuable users, in this article.
The importance of the plaintiff’s side in preventing the rejection of the complaint is related to the following:
legal claims:
In legal cases, the presence or absence of the plaintiff has an effect on the obligation of the lawsuit and the guarantee of its implementation. If the petitioner does not have a specific position, it will be difficult to determine the responsibility and enforce the judgment.
Code of Criminal Procedure:
In the criminal procedure laws, the role of the plaintiff as a petitioner is very crucial in declaring a crime. Non-violation of this role in the criminal procedure has a direct effect on the execution of the sentence and determination of responsibility.
Forgivable crimes:
In the case of unforgivable crimes with a general aspect, the presence of a plaintiff with a more specific role will guide the prosecutor better in dealing with the crime, and an executive guarantee will be created.
Forgivable crimes:
For exculpatory offenses, the complainant’s complaint is the basis for initiating the proceedings. The side of the plaintiff is very important at this stage.
As a final word, remember that if the plaintiff does not have standing to file a complaint at the time of filing a criminal complaint, the prosecutor’s office will issue two orders: “dismissal of the complaint” or “suspension of prosecution”.