Paper Information

Journal:   THE JUDICIARY’S LAW JOURNAL   SPRING 2012 , Volume 76 , Number 77; Page(s) 163 To 191.
 
Paper: 

PREMIUM OF JUDICIAL AUTHORITIES TORT AS ONE OF THE GAURANTEES OF DUE PROCESS OF LAW

 
Author(s):  SHAMLOU BAGHER, MORADI MAJID
 
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Abstract: 

Pondering about how to achieve a due process of law, especially in relation to a maximum protection of judial mistakes victims, continues, as a legislative- executive loophole and challenge in the Iranian legal system, to be felt and necessary. Although Article 171 of the Constitution and Article 11 of Tort Law have provided for compensation of victims of judicial mistakes particularly the innocent accused and convicted persons, there are some difficulties in the materialization of compensation process in Iran.
The main reason of which is the lack of transparent and explicit laws on how to implement the constitutional Article in question, despite the fact that the contributors of the new Code of Criminal Procedure, in light of a heed to this legislative challenge, have attempted to surmount the problems, still the implementation of that Articleis faced with problems. This investigation, in light of making reforms or presenting a new and dynamic (judicial–legislative) interpretation of Article 171 of the Constitution as well as inspired by the provisions of the Modification Law on Compulsory Premium of Civil Liability (Tort) of Owners of Ground Motor Vehicles against Third Party (July 7, 2009), the possibility of creating the "premium of civil liability (tort) of judicial authorities", in certain circumstances, has been analyzed as one of the approaches of attaining the maximum support of the victims of judicial mistakes.

 
Keyword(s): DEFAULT OF THE JUDGE, COMPENSATION, PREMIUM OF TORT (CIVIL LIABILITY), JUDICIAL MISTAKE, INNOCENT ACCUSED AND CONVICT
 
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