The Termination of the Prosecution Decision in Terms of the Validity of the Closed Case; Critique of the Final Decision No. 9709970245700529 Branch 5 of the District 2 Court of Tehran

The validity of a final criminal case is one of the permanent obstacles to prosecuting public litigation. The Code of Criminal Procedure does not specify the conditions for the validity of a final judgement, and in this respect there are differences in judicial procedure. This article reviews one of the suspended prosecution decisions regarding the validity of the seal. The author agrees with the result of the opinion, but disagrees with the principles and arguments used in this agreement. In this decision, five conditions are stated for the validity of the sealed matter, some of which do not seem to be necessary, including unity in the psychological element. Therefore, the three conditions of unity of the subject, the parties and the cause are necessary for the realization of the validity of the final matter. On the other hand, some crimes are indivisible to the plaintiff and the absence of the plaintiff does not violate the validity of the final decision.