The ability to claim the moral loss in physical and psychological damages with an emphasis on the new Criminal Procedure Code

In legal system of IRAN,the moral damage issue and it's claimable is one of the challenging issues which it's legitimacy is the origin of dispute between jurisprudents and lawyers. Since the damage is not limited to corporeal damageand human is vulnerable to mental injury too. Thus such injury must be compensated as physical injuries. Though some timesCompensation for incurred damage on human's mind and soul is more important than physical damage incurred,and legal basis and juridical text such as: no loss rule, waste and etc. Accepted Compensation for such damage.despite of this issue, the majority of tribunals refuse to sentencing or rarely issue it.regarding to guardian council theory dated on 1364/09/05 that Consideredit illegal. The author while study such dispute between jurisprudents and lawyers and eventually proving legitimacydamage claim,also study new criminal procedure code approved in 1392.which seems some what answer to this dispute. And damage in many cases is claimable except moral damage in compensationswhich is the faults of new rule and shows that the legislator is in agree with guardian council.