Search
Close this search box.
Dadista Logo

The crime of not Cancellation of the deceased’s birth certificate

Related Posts

Content List

Cancellation of birth certificate

Are you familiar with the crime of not revoking the deceased’s birth certificate? When a person dies, his relatives and heirs must legally cancel the birth certificate and identity documents of the deceased person. According to the law, only one person can use a birth certificate, and upon his death, this very important document becomes invalid and has no legal value. The issue of revoking the deceased’s birth certificate is very important in Iranian law.

Why should we Cancellation of the deceased’s birth certificate?

When a person dies, his family and relatives, the police force, his lawyer, etc. can cancel the birth certificate by presenting the death certificate. Legally, the relatives of the deceased have only 10 days to act on this matter. If they violate the specified time, it is considered a crime. According to the law, if the heirs do not cancel the birth certificate within 7 to 10 days, they will be fined by the civil registry office.

The legislator enacted this law to prevent the abuse of the deceased’s birth certificate and criminalized the failure to revoke the birth certificate of the deceased. This is because abusive people may take measures such as using the birth certificate to leave the country, receiving the deceased person’s subsidy, receiving the subsidy and selling the deceased person’s birth certificate, etc. Each of these actions is considered as a criminal act and will be punished and prosecuted.

Cancellation of birth certificate

Who can revoke the Cancellation of birth certificate?

People who can report a person’s death and announce a death with a temporary certificate are actually divided into 5 categories, which include:

1- Military or judicial authorities
2- Relief group
3- Family and relatives
4- Head of the cemetery
5- Officers, the owner of the place where the deceased was or a person who witnessed the death.

What is the penalty for not revoking the birth certificate of the deceased?

Due to the fact that not canceling the birth certificate at the time of death can lead to abuses, the law has determined a punishment for those who fail to do so. If the family and heirs of the deceased do not report his death to the civil registry office, they will be recognized as criminals by this organization. In this situation, people are subject to fines and imprisonment from 1 to 3 years through the Civil Registry Organization and the Dispute Resolution Council.

As we mentioned before, legally only one person is allowed to use the birth certificate. If someone misuses the deceased’s birth certificate, he will be considered a criminal.

It is possible that some people rent or sell the deceased person’s birth certificate. These people are recognized as criminals according to the law and are required to pay a fine. If they repeat the crime again, they will be sentenced to 1 to 3 years of imprisonment. Also, a person who chooses this work as his job or profession will be sentenced to imprisonment from 3 to 10 years in addition to a fine.

If a person uses the deceased’s birth certificate to leave the country, he will be recognized as a criminal and will be required to pay a fine and be sentenced to 1 to 3 years in prison. Another violation related to not revoking the birth certificate of the deceased is using the birth certificate of the deceased child for other children and using the individual’s subsidy.

What are the steps to Cancellation of the deceased’s birth certificate?

As you know, every person’s death needs to be registered like their birth. According to the country’s civil registration law approved in 1355, each person’s death must be reported to the civil registration office, just like birth, so that it can be registered based on legal approvals. The time taken to announce the death is 10 days. The day of death and official holiday after the last day is not considered.

When a person’s death is announced to the civil registry office, a certificate called a death certificate is issued. In this certificate, the name and surname of the deceased, his birth certificate number and the reason of his death are mentioned, and in addition, his birth certificate is also invalidated and a special seal for this matter is included in his birth certificate.

According to Article 3 of the Law on Violations, Crimes and Punishments Related to Registry Documents and Birth Certificates, approved by the Expediency Council of 1370, if the person who is legally obliged to announce the death of the deceased refuses to perform this duty, he will be fined from 50,000 Rials to 300,000 Rials. 1000 Rials was sentenced and if this act is repeated, the maximum punishment mentioned will be applied to the person.

Cancellation of birth certificate

Necessary documents to Cancellation of birth certificate

People who intend to announce the death and cancel the birth certificate of the deceased in order not to be punished for the crime of not revoking the birth certificate of the deceased, it is necessary to bring the following documents with them when they go to the civil registry offices: From:

– Birth certificate of the deceased
– National card of the deceased
– Certificate from the doctor or hospital or cemetery authorities of the place of burial of the deceased
– If it is not possible to provide the above certificate, the introduction and presence of two witnesses, along with an identification document at the civil registry office
– Definitive judgment of presumed death of the court, in order to cancel the birth certificate of the deceased who is absent and missing

According to the civil registration law, what should be done after the death of a person?

Article 22 of the Civil Registration Law states that after the death of any person, this issue must be reported to one of the country’s civil registration offices. Even the death of Iranians abroad must be reported to the consular officers of the place of residence or to one of the civil registry offices of the country. After being notified of the death of a person, the civil registry issues a death certificate and cancels the birth certificate of the deceased. By receiving the legal advice on revoking the birth certificate, you can easily and in the shortest time cancel the birth certificate of the deceased.

Is it possible to Cancellation of birth certificate electronically?

It is true that the civil registration office of the country has launched an electronic portal, however, it is necessary to go to the civil registration office to cancel the birth certificate. Because not all cases can be registered in absentia; But the relatives and family of the deceased person can refer to the system to announce the death and receive the death certificate, but it is not possible to do some things. People can get the death certificate online to avoid the executive guarantees that exist in relation to this issue.

Cancellation of birth certificate

final word

Article 22 of the Registration Law states that upon the death of a person, this matter must be reported to the Registry. Even if an Iranian dies abroad, this should be reported to the Iranian consular officers at the place of residence of the deceased. After being informed about the death of a person, the registry office cancels the birth certificate of the deceased.

There are cases in which legal problems may arise during the various stages of revoking the birth certificate and the presence of a lawyer is required. It is possible that a person dies abroad and has no relatives in the country, or there are other reasons such as the loss of the deceased’s birth certificate. In some cases, the names of the deceased’s children or spouse may not be listed in the birth certificate, in which case a lawyer must follow up on the case.

In some cases, for any reason, problems may arise during the process of canceling the birth certificate of the deceased, which is beyond the ability of ordinary people to track and follow. To do this process as well as possible, you can raise the problems with a lawyer and ask him for help. The lawyers of Dadista Institute have high experience in this field and can help you in this field.

The reason for seeking help from a lawyer in this field is high knowledge and experience and familiarity with the laws. Birth certificate legal lawyers know which notes and laws to take help of when problems arise and solve your problem. You can consult a lawyer to solve legal problems related to birth certificate and other judicial matters. This will speed up your case.

1/5 (1 Review)
FAQ
What is the crime of not canceling the birth certificate of a deceased person?
If the family and heirs of the deceased do not report their death to the Civil Registry Office, these people will be fined and imprisoned from 1 to 3 years through the Civil Registry Organization and the Dispute Resolution Council.
How many days after the death, can the deceased's birth certificate be revoked?
The time taken to announce the death is 10 days. The day of death and official holiday after the last day is not considered.
Who can cancel birth certificate and death report?
Military or judicial authorities, relief groups, families, agents and cemetery supervisors can cancel birth certificates and death reports with a temporary certificate.

Leave a Reply

Your email address will not be published. Required fields are marked *