Alemohamad Law Office

Introduction

In many criminal cases of a financial nature — such as fraud or bounced checks — one of the key tools available to the judicial authority to prevent a defendant from fleeing, or to protect the rights of the complainant, is issuing an exit ban (travel ban). However, this measure is subject to specific conditions, and understanding them is essential for defending the rights of the accused.

What does a criminal exit ban mean?

Under Article 188 of the Code of Criminal Procedure: "The investigating judge may, by issuing a precautionary order — including an exit ban — secure the rights of the private complainant and prevent the defendant from fleeing." In simple terms: if a person is facing a financial criminal charge, a judicial exit ban may be issued to prevent them from leaving the country.

In which crimes can an exit ban be issued?

This measure is typically applied in cases involving:

Criminal bounced checks (subject to Article 10 of the Check Issuance Act)
Fraud or obtaining property through illegitimate means
Breach of trust or unauthorized possession of another's property
Selling another's property without authorization, or forgery
Failure to pay a fine or restore property after a final judgment

Which authority issues the exit ban order?

During the preliminary investigation stage: the investigating judge or the prosecutor. At the sentencing stage: the criminal court judge. At the enforcement stage: the judge in charge of enforcing criminal judgments. The order is communicated to the Passport Office and recorded in the passport system.

How long does an exit ban last?

Under the note to Article 188 of the Code of Criminal Procedure, an exit ban issued during the investigation stage lasts six months and may be renewed if necessary. At the enforcement stage, the ban is not time-limited and remains in effect until the judgment is fully enforced.

Can an exit ban order be lifted?

Yes. It can be lifted under the following circumstances:

Securing the complainant's claim (through a deposit or collateral)
The defendant being acquitted, or a discontinuance of prosecution being issued
Obtaining the consent of the private complainant
Filing a legal objection with the court that issued the order

The role of a lawyer in lifting a criminal exit ban

A lawyer specializing in criminal litigation can:

File an official request to lift the exit ban immediately
Mount an effective defense by citing records, documents, and guarantees
Prevent the client's rights from being compromised at various stages of proceedings
Pursue the immediate lifting of the ban if it is not lawfully renewed

Conclusion

An exit ban in criminal cases is an important tool for ensuring proper proceedings and securing the complainant's rights, but it can sometimes be issued mistakenly or without observing the legal conditions. Knowing your legal rights precisely, and making timely use of objection and defense options, can prevent many problems — such as being unable to travel, unnecessary detention, or a halt to your business affairs.

Alemohamad Law Office, with professional experience in criminal and international cases, is ready to provide specialized services in lifting exit bans, defending financial defendants, and following up on the enforcement of criminal judgments for Iranians both inside and outside the country. Contact us to receive the fastest legal solution.

Exit Ban (Travel Ban) Due to Criminal Debt