Does the Case Close If the Complainant Forgives?

A Legal Guide on the Effect of Victim’s Consent in Criminal Proceedings under Iranian Law

Introduction

What Is Victim’s Consent?

According to Article 103 of the Islamic Penal Code: “In crimes that are prosecutable upon complaint, the case starts with the complainant’s request and ends with their consent.” 📌 Simply put: for certain offenses, the complainant plays a central role, and their forgiveness can halt prosecution entirely.

What Crimes End with Victim’s Consent?

These are called “Qabel-e-Gozasht” (Prosecutable Upon Complaint) crimes. Examples include:

Minor physical assault

Threats and verbal abuse

Unlawful entry into a private home

Defamation or slander

Traffic accidents causing injury

Publishing private photos without consent

Minor fraud (in certain cases with mutual settlement)

What Crimes Do NOT End with Consent?

In non-compoundable offenses, the complainant’s forgiveness does not stop the prosecution. These include:

Murder, rape, or kidnapping

‍♂️ Crimes against national or public security