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The Judge's Responsibility in Issuing and Enforcing the Sentence
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Ali Yousefi1    , Ali akbar Ezadifard 2, Ali akbar Abolhasani3 , Hamid Abhari4 |
1- PhD Student, Department of Jurisprudence and Fundamentals of Law, Babol Branch, Islamic Azad University, Babol, Iran.
2- Professor, Department of Jurisprudence and Law, University of Mazandaran, Babolsar, Iran. (Corresponding Author)
3- Associate Professor, Department of Jurisprudence and Fundamentals of Law, Babol Branch, Islamic Azad University, Babol, Iran.
4- Professor, Department of Jurisprudence and Law, University of Mazandaran, Babolsar, Iran. |
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Abstract: (865 Views) |
Background and Aim: Judging rightly can remove oppression and unjust judgment can create oppression. Therefore, in addition to judging, the legislator has installed another element to compensate the damage caused by unjust judgment. Investigating this is one of the goals of this research.
Materials and Methods: This research has been carried out in a library using descriptive-analytical research methods.
Ethical Considerations: Ethical considerations related to writing texts and referring to sources was observed.
Findings: The legislature has not made the judge so responsible as to effectively lead to the closure of the judiciary or the judge to lose the courage and bravery of the judiciary, nor has it made him so immune as to be drawn into negligence and carelessness. Therefore, in some cases, the judge is responsible for compensating the damage and in some cases, the government and the treasury is responsible for compensating.
Conclusion: The results of the study showed that if the damage caused by the judge is due to intentional or unintentional fault and violation but contrary to legal rules, he is personally responsible of compensation for material and moral damage. If the judge is alive, he should compensate the damage with one of the objective remediation measures like financial compensation. However, after the judge's death, the damage will be compensated from his estate or inheritance. However, if the judge makes a mistake or error in issuing a verdict and issues an incorrect verdict without any malice, the damages will be paid from the treasury. |
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| Keywords: Judgment, Ignorance in law and fact, Negligence, Responsibility of the judge. |
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Full-Text [PDF 732 kb]
(243 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2021/05/22 | Revised: 2021/06/7 | Accepted: 2021/06/27 | Published: 2021/07/1
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