In the event of the death of the defendant before the verdict is final (at the appeal stage), issuing a stay of prosecution order for all
In response to a question about the status of forfeiture in the event of the defendant’s death, the Tehran Provincial Judicial Council has given a majority opinion that if the defendant dies before the verdict is final, the entire criminal case, including forfeiture, is closed.
Majority Opinion (Consensus):
- If the defendant dies before the verdict is final (at the appeal stage), issuing a stay of prosecution order for all aspects of the case, including forfeiture, is mandatory. This order includes all criminal and financial effects such as penalties, forfeiture of property, and blood money.
- If the defendant dies after the verdict is final, the verdict can be enforced from the deceased’s estate.
Majority Key Arguments:
1. The Criminal Procedure Code does not allow the separation of the public and private aspects of a crime in the event of the defendant’s death.
2. The realization of criminal liability and its consequences is dependent on the defendant’s life until the end of the proceedings.
3. The prevailing judicial practice and the decisions of the Supreme Court confirm this interpretation.
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