Journal of Criminal Law and Criminology

Journal of Criminal Law and Criminology

An Analysis of Intentional Property Damage in Iranian and English Law: with Reference to Monetary Thresholds, Cliff Effect and Procedural Status of Final Civil Judgments within Criminal Proceedings

Document Type : Original Article

Authors
MOHAMMAD Ahmadi Parizi 1
Esmaeil Abbasi 2
Mehdi Montazer 3
1 PhD Student, Department of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
2 Assistant Professor, Department of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
3 Assistant Professor, Department of Private Law, Damavand Branch, Islamic Azad University, Tehran, Iran.
10.22034/jclc.2026.552127.2173
Abstract
This study offers an analytical and comparative examination of the offence of intentional property damage in Iranian and English law, focusing on three principal issues: monetary thresholds, the phenomenon of the cliff effect, and the evidentiary and procedural status of final civil judgments within criminal proceedings. The cliff effect refers to a situation in which a minor quantitative alteration in a statutory criterion, such as a marginal increase in the assessed amount of financial loss, triggers a sudden and disproportionate qualitative transformation in either the nature or severity of criminal punishment. Under Iranian law, Article 677 of the Islamic Penal Code (Book Five), as amended in 2024, establishes a monetary threshold of 330 million rials, thereby creating an abrupt transition from monetary sanctions to custodial punishment. Such a legislative structure may place pressure on the principles of proportionality, legal certainty, predictability of punishment, and the proper allocation of judicial jurisdiction. By contrast, English law, particularly under the Criminal Damage Act 1971, adopts a graduated and proportionate model, in which the amount of damage primarily affects jurisdictional competence and sentencing limits rather than generating a categorical shift in the type of punishment imposed. The findings of the study demonstrate that a final civil judgment concerning the quantification of damage, especially in cases situated near the statutory threshold, may substantially influence both the classification of the offence and the determination of the competent criminal court. In the absence of a clear procedural framework regulating the interaction between civil and criminal adjudication, such circumstances may produce doctrinal inconsistency, conflicting judicial outcomes, and fragmentation of jurisprudence. Drawing upon statutory analysis, judicial practice, and comparative legal doctrine, the study proposes several reforms, including the graduated structuring of punishments under Article 677, the automatic adjustment of monetary thresholds in accordance with inflationary conditions, the adoption of a uniform forensic valuation framework for assessing damages, and explicit legislative clarification regarding the procedural authority and evidentiary weight of civil judgments in criminal proceedings. It is argued that these reforms would strengthen proportionate criminal justice, enhance judicial coherence, and improve the effectiveness of victim protection within the Iranian criminal justice system.
Keywords
Final Civil Judgment
Intentional Property Damage
Article 677 Of The Islamic Penal Code
Cliff Effect
Proportionality of Punishment
Comparative Law
Conflict Between Civil And Criminal Judgments
Abbasi, Mostafa. (1382). Restorative Justice: A New Approach to Criminal Justice. Public Law Research, 5(9). (in Persian)
Akhundi, Mahmoud. (1394). Criminal Procedure. Tehran: Nashr-e Mizan. (in Persian)
Ardebili, Mohammad Ali. (1400). General Criminal Law, Volume Two. Twenty-First Edition. Tehran: Nashr-e Mizan. (in Persian)
Ashworth, Andrew & Jeremy Horder. (2019). Principles of Criminal Law. 8th ed. Oxford: Oxford University Press. (In English)
Ashworth, Andrew & Lucia Zedner. (2021). Preventive Justice. Oxford: Oxford University Press. (In English)
Ashworth, Andrew. (2018). Sentencing and Criminal Justice. 7th ed. Cambridge: Cambridge University Press. (In English)
Ashworth, Andrew. (2022). Sentencing and Criminal Justice. 8th ed. Cambridge: Cambridge University Press. (In English)
BAILII. (n.d.). British and Irish Legal Information Institute. Available at: https://www.bailii.org (last visited 2025/08/30). (In English)
Bigdeli, Mahmoud and Seyyed Mohammad Hossein Miri. (1404). A Comparative Study of the Crime of Property Damage in the Legal Systems of Iran and England. Tenth International Conference on Management, Human and Behavioral Sciences in Iran and the Islamic World. Tehran. (in Persian)
Code of Criminal Procedure (Amended 1394 [2015]). Ekhtebar Legal Database. Available at: https://www.ekhtebar.ir. (In Persian)
Code of Criminal Procedure, enacted in 1392 [2013] (with subsequent amendments). Available at: https://rc.majlis.ir. (In Persian)
Criminal Damage Act 1971, c. 48, Section 1. (1971). Available at: https://www.legislation.gov.uk/ukpga/1971/48/section/1. (In English)
Crown Prosecution Service. Allocation, Sending and Committal for Sentence Guidance. Updated 19 January 2024. Retrieved from https://www.cps.gov.uk/legal-guidance/allocation-sending-and-committal-sentence. (In English)
Elliott, Catherine & Frances Quinn. (2016). Criminal Law. Harlow: Pearson Education. (In English)
Fletcher, George P. (1995). With Justice for Some: Victims’ Rights in Criminal Trials. Cambridge, Mass.: Harvard University Press. (In English)
Hassanpour, Mahmoud and Mohsen Javan. (1403). Examining the Extent of Damages in Civil Liability Claims in the Iranian Legal System. Thirteenth National Conference on New Research in Education, Psychology, Jurisprudence and Law, and Social Sciences. (in Persian)
Islamic Penal Code (Book Five: Ta'zir Punishments and Deterrent Sanctions). Enacted in 1375 [1996], amended in 1403 [2024]. Islamic Consultative Assembly Research Center. Available at: https://rc.majlis.ir/fa/law/show/845048. (In Persian)
Jafari Langroudi, Mohammad Jafar. (1396). Legal Terminology. Twenty-Ninth Edition. Tehran: Ganj-e Danesh. (in Persian)
Judicial College. (2022). Guidelines for the Assessment of General Damages in Personal Injury Cases. 16th ed. Oxford: Oxford University Press. (In English)
Judicial Research Institute. (2022). Comparative Studies on the Assessment of Property Damages. Judicial Research Institute Database. Available at: https://ara.jri.ac.ir/Judge/Text/1274. (In Persian)
Judiciary UK. (n.d.). Official Judicial Website of England and Wales. Available at: https://www.judiciary.uk (last visited 2025/08/30). (In English)
Khaleghi, Ali. (1400). Criminal Procedure, Volume One. Seventh Edition. Tehran: Nashr-e Samt. (in Persian)
Khodabakhshi, Abdollah. (1384). Independence and Interrelation of Civil and Criminal Law. First Edition. Tehran: Entesharat-e Fekrsazan. (in Persian)
Khodabakhshi, Abdollah. (1398). The Fundamental Distinction between Civil Law and Criminal Law. Third Edition. Tehran: Pazhuheshkadeh-ye Hoquq-e Shahr-e Danesh. (in Persian)
Law Commission. (2010). Overarching Principles: Proportionality. UK Law Commission Report. (In English)
Law on the Reduction of Ta'zir Imprisonment Sentences, enacted in 1399 [2020]. Available at: https://qavanin.ir. (In Persian)
Law on the Reduction of Ta'zir Imprisonment Sentences, enacted on 23/02/1399. Available at: https://qavanin.ir/Law/TreeText/?IDS=9744218893982278071. (In Persian)
LexisNexis. (n.d.). Legal Database. Available at: https://www.lexisnexis.co.uk. (last visited 2025/08/30). (In English)
Luna, E. (2010). Mandatory Minimum Sentencing Provisions under Federal Law. Cato Institute. Retrieved from https://www.cato.org/. (In English)
Luna, Erik. (2017). “Mandatory Minimums and the Reform of Sentencing”. In: Erik Luna (ed.), Criminal Justice Reform, Vol. 4. Mandatory Minimums. Academy for Justice, Arizona State University. Available at: https://law.asu.edu/sites/g/files/litvpz156/files/pdf/academy_for_justice/7_Criminal_Justice_Reform_Vol_4_Mandatory-Minimums.pdf. (In English)
Ministry of Justice. (2022). Police, Crime, Sentencing and Courts Act 2022: Criminal Damage to Memorials Factsheet. (In English)
Mirmohammadsadeghi, Hossein. (1403). Crimes against Property and Ownership, Volume Two. Sixty-Fifth Edition. Tehran: Nashr-e Mizan. (in Persian)
National Judicial Decisions System. Destruction of Personal Property. 30/11/1391. Available at: https://ara.jri.ac.ir/Judge/Text/1274. (In Persian)
Nourbaha, Reza. (1392). Fundamentals of General Criminal Law. Tehran: Entesharat-e Samt. (in Persian)
Office for National Statistics. (2025). Consumer Price Index (CPI). UK Inflation and Price Indices. London: ONS. Available at: https://www.ons.gov.uk/economy/inflationandpriceindices. (In English)
Office of Justice Programs. (2019). Mandatory Minimum Sentences: Research and Policy Reform. U.S. Department of Justice. (In English)
Ormerod, David & Karl Laird. (2022). Smith, Hogan, and Ormerod’s Criminal Law. 17th ed. Oxford: Oxford University Press. (In English)
Padfield, Nicola. (2022). “Sentencing in England and Wales: A Story of Ever-Increasing Complexity”. Punishment & Society. (In English)
R v G and Another [2003] UKHL 50; [2004] 1 AC 1034 (House of Lords): https://publications.parliament.uk. (In English)
Rasekh, Mohammad. (1399). Relative Monetary Penalty and Its Effects on Determining the Degree of Crime. Majalleh-ye Tahqiqat-e Hoquqi, (85). (in Persian)
Riazat, Zeinab. (1403). The Concept, Instances, and Effects of Legislatively Prescribed Ta'zir in Iranian Criminal Law. Comparative Criminal Jurisprudence, 4(1). (in Persian)
Roberts, John V. & Jose Pina-Sánchez. (2021). “The Impact of Sentencing Guidelines in England and Wales: A Decade of Evidence”. Criminal Law Review. (In English)
Saberi, Ali. (1398). Criminal Justice and Equality in Punishment. Tehran: Nashr-e Mizan. (in Persian)
Sabouripour, Mehdi. (1397). Systematizing Discretionary Sentencing in Iranian Law. Criminal Law and Criminology Studies, 48(1). (in Persian)
Sentencing Council for England and Wales. (2019). Arson and Criminal Damage: Definitive Guideline. London: Sentencing Council. (In English)
Sentencing Council for England and Wales. (2020). Magistrates’ Court Sentencing Guidelines: Criminal Damage. London: Sentencing Council. Retrieved from https://www.sentencingcouncil.org.uk. (In English)
Sentencing Council. Compensation Guidance. Retrieved from https://www.sentencingcouncil.org.uk/supplementary-information/compensation. (In English)
Shahed, Baharak and Seyyedeh Mansoureh Hashemi Moeini. (1402). A Comparative Study of Modern Manifestations of the Principle of Individualization in Iranian and French Law. Social Sciences Studies, 9(1). (in Persian)
Shams, Abdollah. (1397). Civil Procedure, Volume 1. Tehran: Derak. (in Persian)
Smith, J. & P. Hogan. (2021). Smith & Hogan’s Criminal Law. 16th ed. Oxford: Oxford University Press. (In English)
Smith, J. C., B. Hogan, & D. Ormerod. (2015). Smith and Hogan’s Criminal Law. 14th ed. Oxford: Oxford University Press. (In English)
Supreme Court of the Islamic Republic of Iran. Uniform Judicial Decision No. 759, General Assembly of the Supreme Court. Official Gazette of the Islamic Republic of Iran, 1 Mordad 1396 [23 July 2017]. Available at: https://qavanin.ir/Law/TreeText/?IDS=13064475775387419609. (In Persian)
The Official Website of the UK Government. (2023). Compensation in the Justice System. Retrieved from https://www.gov.uk/guidance/compensation-in-the-justice-system. (In English)
The Sentencing Academy. (2023). Compensation Orders: A Review of Policy and Practice. (In English)
Tonry, Michael. (2019). Doing Justice, Preventing Crime. Oxford: Oxford University Press. (In English)
US Sentencing Commission. (2011). Report to the Congress: Mandatory Minimum Penalties in the Federal Criminal Justice System. Washington, DC. (In English)
Validi, Mohammad Saleh. (1387). Specific Criminal Law, Volume One: Crimes against Property and Ownership. Ninth Edition. Amir Kabir. (in Persian)
Vice Presidency for Legal Affairs, Deputy for Codification, Consolidation and Publication of Laws, National System of Laws and Regulations of the Islamic Republic of Iran. Available at: https://qavanin.ir/Law/TreeText/?IDS=4693937366938194803. (In Persian)
Wasik, Martin. (2021). “The Sentencing Council and the Civilianization of Sentencing”. Criminal Law Review. (In English)
Wasik, Michael. (2021). Core Statutes on Criminal Justice & Sentencing 2021-22. London: Macmillan International Higher Education. (In English)
Westlaw. (n.d.). Legal Research Database. Available at: https://legalresearch.westlaw.co.uk (last visited 2025/08/30). (In English)
World Bank. (2024). Inflation, Consumer Prices (Annual %) – Iran. Retrieved from https://data.worldbank.org. (In English)
Zeraat, Abbas. (1396). Commentary on the Islamic Penal Code (Ta'zirat), Volume 2. Tehran: Qoqnus. (in Persian)
Journal of Criminal Law and Criminology
Volume 14, Issue 28
Spring 2026
Pages 5-44