قلمرو صلاحیت دادستان در طرح دعوی مطالبه خسارات وارده بر اموال و حقوق عامه

In criminalizing unlawful conduct, legislators have traditionally focused on the protection of victims; however, in certain crimes against public property and public rights, there is no identifiable or specific victim. As a result, the prosecution of offenders and the compensation of damages in such cases raise significant legal challenges. In this context, the public prosecutor, as the representative of the public interest, plays a central role in safeguarding public property and restoring public rights. The main objective of this study is to clarify the scope and limits of the prosecutor’s authority to initiate actions for compensation of damages caused to public property and public rights, as well as to examine the legal constraints governing this authority.
This research adopts a descriptive–analytical method and is based on documentary analysis of statutes, regulations, executive directives, and doctrinal legal opinions. The findings indicate that although the legislator has exceptionally and contrary to the general principles of civil procedure granted the prosecutor the authority to bring actions for compensation of damages arising from crimes against public property and public rights, such authority is not absolute and is strictly limited to explicit statutory provisions. The prosecutor is required to comply with the formalities of civil procedure and may intervene only in cases where the damage results from a criminal act and where the competent public bodies have failed or refused to take timely action.
The study concludes that the lack of clear and precise statutory delineation of the prosecutor’s powers may lead to conflicts with the principles of fair trial and due process. Therefore, it is necessary for the legislator to revise the relevant legal framework and, while regulating the relationship between the prosecutor’s office and public institutions, clearly define the scope and boundaries of the prosecutor’s authority to bring actions for compensation of damages.