نوع مقاله : پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق کیفری و جرم‌شناسی، گروه حقوق، واحد چالوس، دانشگاه آزاد اسلامی، چالوس، ایران.
2 استادیار، گروه حقوق، واحد چالوس، دانشگاه آزاد اسلامی، چالوس، ایران. (نویسنده مسؤول)
3 استادیار، گروه حقوق، واحد چالوس، دانشگاه آزاد اسلامی، چالوس، ایران.
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
One of the causes of criminal responsibility is the legal order which has been accepted in Iranian criminal law, from Article 42 of the General Penal Code of 1925 until now according to Article 159 of the Islamic Penal Code of 2013. In this way, in case of committing a crime by the officer who received her order from the competent commander, the criminal liability is removed from her and the commander replaces the officer in criminal responsibility. However, the civil responsibility of the officer remains in force; That is, by issuing an illegal order, the commander has criminal liability, but civil liability is not considered in the law. Although this issue, i.e., the lack of civil responsibility of the commander, can be one of the objections of the legislator, but in the current criminal laws of Iran, this issue is accepted and in various opinions issued by military courts, this issue is raised. This research is trying to investigate the responsibility of the officer due to the illegal order of the officer with the analytical descriptive method and using library sources. In some cases, the agent is sentenced to compensate the material damages caused by the illegal action of the perpetrator, while the main culprit, the perpetrator, may only be sentenced to criminal liability due to the criminal act. In the criminal justice policy of Iran, the criminal and civil liability of the commander and the agent have been ruled, and the civil liability issue of the agent, due to the lack of determination of duty, the general provisions of the civil liability issue are used. By accepting the intermediary theory in the obedience of the agent to the commander, this legal gap creates unfair conditions for the agent and the law should be amended regarding the civil responsibility of the agent in compensating for material losses.
کلیدواژه‌ها [English]
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