NGOs in the Criminal Process in the Light of the Code of Criminal Procedure

Multiple functions of NGOs have caused state actors in national and international arena could not easily ignore their presence. Following the ratification of Code of Criminal Procedure in 2015, legislature made it possible, in article 66, for NGOs to take part in criminal proceedings to promote the interests of vulnerable groups and also play an important role in victimless crimes. According to the first version of this article, NGOs could participate in different steps of criminal process, from complaint to appeal. Unfortunately, in the subsequent modification of the Code, the role of NGOs in appeal was denied. This modification, besides to the necessity of the NGO to be qualified by the head of the Judiciary, had negative effect on the role of NGOs in criminal proceedings. One of these negative points, discretion of Judiciary's head to qualify the NGOs, was modified by an act in 2016. But the other one, inability of the NGOs to appeal, still exists.
In this paper, we will discuss the basics, requirements and the ways of the participation of NGOs in criminal proceedings, as provided by Iranian legislature.