Legal drafting
Filing a criminal complaint; how a shekvaiyeh works
Last reviewed: 1 مرداد 1405
When a crime is committed against you — fraud, insult, property damage, forcible occupation — the formal route is a shekvaiyeh submitted to the prosecution office. A precise complaint puts the investigation on the right track; a vague one stalls the case from day one.
This guide covers the elements, the deadlines and the process.
What a complaint is and how it differs from a petition
The shekvaiyeh opens the criminal process: you ask the prosecutor to pursue someone who committed a crime. The criminal track ends in punishment; the civil track (the petition) ends in enforcing your right.
One affair can carry both: in fraud, criminal prosecution and a civil damages claim can both run. Choosing and sequencing the two tracks is a strategic decision worth advice.
The elements of a good complaint
A complaint should make these clear: the complainant's particulars and address; the accused's particulars as far as known (if unknown, say so); a precise account with time and place; the offense you believe occurred; and the evidence list — documents, messages, witnesses, minutes.
State the facts completely and without exaggeration — the investigation weighs everything, and contradictions damage your credibility. If unsure of the exact legal label, describe the facts and leave the characterization to the judicial officer.
The deadline: one year for forgivable offenses
Under Article 106 of the Islamic Penal Code, in forgivable ta'zir offenses the victim's right to complain lapses one year after learning of the crime — absent a valid excuse.
Many frequent offenses (insult, defamation, property damage, some cheque and lower-value transfer-of-another's-property cases) are forgivable: prosecution starts only on your complaint and ends with your pardon. Take the date you learned of the crime seriously and do not delay.
What happens after filing
The complaint is registered through an e-service office and referred to the prosecution office of the crime's location. An assistant prosecutor or investigating judge opens the inquiry: summonses, evidence review, records checks.
The outcome is either an indictment (the case goes to criminal court) or a dismissal order — which is itself appealable within the statutory window. Along the way, briefs are your tool for submitting new evidence.
Drafting a complaint in Dadyar
- 1
Pick the complaint template
The criminal-complaint form with complainant, accused and account fields.
- 2
Describe the events precisely
Time, place, manner and evidence, step by step.
- 3
The cited text is generated
A formal complaint with citations to the relevant articles and standard structure.
- 4
Export and file
Register the Word or PDF file at a judicial e-service office.
Frequently asked questions
Do I need a lawyer to file a complaint?
Not mandatory; complainants may file themselves. In complex offenses, or when the other side has counsel, a lawyer measurably improves the odds.
What does a criminal complaint cost?
Filing costs are modest compared to civil claims and follow the annual judicial services tariff; the main cost is usually counsel fees if you retain one.
What does a forgivable offense mean?
An offense pursued only upon the victim's complaint and terminated by their pardon. For these, the one-year window of Article 106 IPC is critical.
What if I am not sure whether my matter is criminal or civil?
Ask Dadyar exactly that: describe the events and get a cited explanation of which track (or both) is open — and consult a lawyer for the final call.
Related to this guide
This guide is general, statute-grounded legal information — not legal advice for your specific situation. For important decisions, consult a licensed lawyer inside Dadyar.