Identify the liability of the insurer in the criminal process

many of the harmful accidents are considered in order to be accompanied by bodily injury in the criminal courts and pay attention to the status of parties involved in losses, insurance interests and the judiciary to provide preparation of losses for the least amount of time and cost. History of judicial procedure shows that in some cases, such as death of the accused, the non-occurrence of a crime and … the criminal court has closed the case and the parties of the accident are referred to file a claim for damages. the present study is done in order to clarify the new approach of the legislator in compensation faster and less costly of bodily injuries and by examining the effect of Clause (1) of Article 85 of the Code of Criminal Procedure on the insurer, the theory of compensation for an accident in the course of a proceeding shall be strengthened in order to avoid duplication of claims and imposing costs on both sides of the case, insurance and the judiciary.

the method used in this research is descriptive - analytical and the existing decisions in the judicial procedure as the study documents will be used.

in addition to some of the disadvantages of the widespread interpretation of Clause (1) of Article 85 of the Code of Criminal Procedure, the analysis of economic and social consequences of the provision requires the necessity of a single investigation into the consequences of an accident and the new procedure of criminal courts also tends to this direction.

The scope of Clause (1) of Article 85 of the Code of Criminal Procedure in addition to the treasury, can be generalized to the fund for physical damage and the insurer. Also, by including the culprit and non-culpable injuries in the accident, the necessary grounds should be provided for the compensation of injuries caused by accident during a hearing.