The changes of civil liability of state for issuing and enforcement of judicial decision after ratification of new Islamic criminal code and the code of criminal procedure
After Islamic revolution in Iran, principle 171 of the Constitution made a very serious change in civil liability of State and judges. The State became liable for the mistake of judges though the act of judges is an act of State authority which did not cause liability for State according to article 11 of Civil Liability Act. That principle was on the favor of victims but in reality there were rarely an award to compensate them. In new Islamic Criminal Code and the new Code of Criminal Procedure, there are some new articles relating to the liability of State for issuance and enforcement of judicial decisions. The question is whether these new articles made any changes in bases, conditions and effects of liability derived from issuing and enforcing judicial decisions and whether these changes are in accordance with the Shia jurisprudence or not. In this article, these questions are discussed and in addition, focus has been put on the problems of the new Acts.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.