Active Prevention of Occupational Criminal Behaviour of Judges; Challenges for Implementation and Their Solutions
In all political systems, the judiciary plays an important role as it has numerous powers and responsibilities such as implementing justice in the society. The expectation of the society from the judiciary is that not only its members do not commit any intentional crime, but also they do not commit any wrongdoing as a whole. So in delivering this demand, the judges must obey the law as a way of following the huge responsibility that has been placed on their shoulders, as the failure to follow key principles such as the law and custom accepted by the society will result in dire consequences for them e.g. a crime or a disciplinary offence. To understand what constitute as an act which falls outside the norms accepted for a reasonable judge, different factors such as economical, educational, personal etc must be considered as a way of moving towards eradicating them. To do so, instead of finding solutions after a misconduct has been committed, by applying amendments to the existing law, the system can prevent such actions from taking place in the first place. The mentioned strategy is known as non-criminal prevention or active prevention, which will be discussed in this article, giving recommendation as to how to deal with the existing barriers.
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Amendment of the Judiciary through Revision of Laws and Regulations
, Mahdi Esmaeli *, Sayed Reza Ehsanpour
Legal Research Quarterly, -
Absolute Velayat-e Faqih and Analyzing His Authority in Granting Pardon to Criminals Proven Guilty for Hadd
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Journal of Comparative Criminal Jurisprudence,