The Role of the Statute of Limitations in Criminal Lawsuits: Comparing Iranian and American Legal Systems

Abstract

In criminal proceedings, "statute of limitations" refers to the date after which it is no longer possible to file a complaint, prosecute the defendant, impose a sentence, or carry out the sentence. Therefore, the statute of limitations under criminal law is divided into three categories: prosecution, complaint, and punishment. The statute of limitations is fifteen years for crimes of the first through third degrees; ten years for crimes of the fourth degree; five and seven years, respectively, for crimes of the fifth and sixth degrees; and three years for crimes of the eighth degree. After these deadlines, the lawsuit or offense has no further criminal repercussions. If a victim of a crime does not file a complaint within one year of discovering the crime, he forfeits his right to do so, unless he was under the control of the defendant or was prevented from filing a complaint for other reasons beyond his control. In this instance, the deadline will be determined based on the date of removing the related reason. In addition, the common law legal system anticipates this issue. In the United States of America, for example, the legal statute of limitations is the time after which a lawsuit or complaint cannot be heard or filed. Regarding the effects of crime in this country, one must also consider the applicable statute of limitations. However, these dates vary due to the number of states and legislators in the United States.