Harmful Act of the Police in Fulfilling the Civil Liability of the Police Due to the Violation of Civil Rights in the Laws of Iran and the Common Law

The police, as the executive arm of the government and an influential institution in the field of civil rights, pay attention to the rights of citizens in order to fulfill their legal duties and should not justify their obligations to citizens, which is to protect their rights and freedoms; Because it may create civil liability for the police officer or institution affected by the harmful act in police actions. Therefore, this study intends to examine and explain the harmful act of the police in terms of violation of civil rights in the law of Iran and Common Law.

The present study is of an applied research type in terms of its nature and was conducted by qualitative content analysis of the conventional type and using sources related to Iranian law and the common law legal system, which were purposefully selected in a theoretically saturated manner, and since the research was qualitative, the findings were analyzed by text presentation.

The findings showed that both legal systems studied in this research, along with other pillars of civil liability, considered the condition of harmful action as a necessity for the realization and formation of police civil liability in violation of civil rights.

According to the findings, guilt has manifested itself more than anything else in fulfilling the condition of a harmful act, and among them, guilt in terms of the type of act, and guilt in terms of the psychological element of the harmful act were among the cases that affected citizens' rights.