Jurisprudential review of the responsibility for compensation for the ruling error in issuing a decision
Author(s):
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
Background and Aim
Issuing a wrong decision, while it may happen for various reasons, has important material and spiritual effects on the lives of people in the society. The purpose of this article is to examine the legal jurisprudence of the responsibility to compensate for the ruling's error in issuing a decision.Materials and Methods
This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.Ethical considerations: In this article, the texts’ originality of, honesty and trustworthiness have been observed.Results
The findings showed that in issuing a verdict of error, the judge and, accordingly, the government are held responsible and both of them are responsible for their actions and decisions and guarantors of material and moral losses caused by intentional and unintentional fault. The judge's mistake is divided into two parts: guilt and mistake, each of which has a separate legal burden. In case of a mistake, the judge will not be immune from his job and will be prosecuted, the government and the personal property of the judge will be responsible for compensation for the damages caused to the victim in such a way that his professional responsibility in the disciplinary prosecution and the responsibility of the government The mistake of the judge and the responsibility of his personal property will be crystallized in the fault. Compensation is also possible in the form of restoration to the previous situation, financial payment and restoration of dignity.Conclusion
In Iranian law, compensation for moral damages has been neglected to some extent, and considering that the issuance of a wrongful verdict in many cases is associated with moral damages rather than financial damages, and it may harm the credibility and dignity of individuals, so it is necessary to pay more attention to it.Keywords:
Responsibility , Compensation , Error , ruler , Judge , Judgment
Language:
Persian
Published:
Economic Jurisprudence Studies, Volume:5 Issue: 3, 2023
Pages:
65 to 78
https://www.magiran.com/p2647846
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