The Role of Claimant and Prosecutor in Offences against Historical and Cultural Heritage

The importance and value of historical and cultural heritage caused protection and preservation of this heritage by criminal sanctions. This affair in our country becomes more important given the history of ancient civilization, plenty of rich cultural heritage and historical monuments. After revolution, the legislator predicted penal provisions with regarding to the constitution in order to maintain the historical and cultural heritage. Nevertheless, the Islamic Penal Code in 1996 considered these offences as forgivable. It seems that we should pay attention to social interests and philosophy of criminalization about these offences. This is necessary to consider the evolution of legislation and role of private complainant and the prosecutor in these offences. New Islamic Penal Code and new criminal procedure act are worth noting in this context. Especially new criminal procedure act with regard to the role of NGOs is considered a big step towards the development of the prosecution and the investigation into these crimes.