Case Archiving Order: Conditions and Effects

One of the leniency mechanisms in the Criminal Procedure Code is the "case archiving order," provided for in Article 80 of the Code. Under this article, for Category 7 and 8 discretionary offenses, the judicial authority may refrain from prosecuting the accused and issue an archiving order, provided the legal conditions are met.

One of the institutions of cooperation in the criminal procedure law is the "order to file the case" which is foreseen in Article 80 of the criminal procedure law. According to this article, in the 7th and 8th degrees of punishment, if there are legal conditions, the judicial authority can refrain from prosecuting the accused and issue an order to file the case.

The conditions for issuing a filing order are as follows:

The crime committed is a 7th or 8th grade crime.

There is no plaintiff or if there is a plaintiff, he has waived his complaint.

Therefore, contrary to what is sometimes stated, the order to file the case is not only for non-forgivable crimes, but also for forgivable crimes, if other conditions are fulfilled and the plaintiff is forgiven, it is possible to apply Article 80.

The accused does not have a record of effective criminal conviction.

The accusation has been explained to the accused. Because Article 80 considers it possible to issue a filing order after the "clarification of charges".

Therefore, it is necessary for the judicial authority to recognize the social status of the accused and his records, the circumstances that caused the crime, so that refraining from prosecution is compatible with the legal standards and the situation of the case. If necessary, a written commitment can be obtained from the defendant to comply with legal regulations.

"Only once": Article 80 has specified that the judicial authority can refrain from prosecuting the accused and issue an order to file the case only once. Therefore, it is better to simply use the legal phrase "only once" instead of expressions like "only once in a lifetime". And the other side of the case can also object to this order within ten days from the date of notification.

Also, according to the note of Article 80, the appeal authority of the decision to archive the case and other objectionable decisions related to the preliminary investigations of crimes that are heard directly in the court is the Provincial Court of Appeal. The important point about the unanimous decision No. 768 dated 1/21/1397 of the General Board of the Supreme Court is that by interpreting the relationship between Article 80 and Article 428 of the Criminal Procedure Law, it has been clarified that the provisions of Article 80 and its note cannot be extended to the appellate authority provided for in Article 428.

According to Article 471 of the Criminal Procedure Law, this decision is mandatory for the authorities mentioned in the law. Another important point is regarding the crimes of smuggling according to Article 63 of the Law on Combating Smuggling of Goods and Currency, which should be noted, the provisions related to archiving the case are not applied to the crimes and violations that are the subject of that law. Therefore, the mere fact that the punishment of a crime is 7th or 8th degree is not enough for the application of Article 80, and legal exceptions should also be examined. Among other articles worth mentioning is about the "validity of the sealed order" that, without legal clarification, the decision to file the case should not be considered as the same as the definitive rulings on the substance and as having the absolute validity of the sealed order.

The nature of this institution is to refrain from prosecuting and filing the case; Therefore, its effects should be analyzed within the limits of the special provisions of Article 80 and other provisions of the criminal procedure.

As a result, the application of the phrase that "the filing agreement cannot be reconsidered under any circumstances" requires a legal document and it is better to avoid it in legal writings.