Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Analyzing the Criminal Liability of Judicial Agents in Case of Conflict of Laws with a View of Imami Jurisprudence

Document Type : Original Article

Authors
1 Ph.D Student of Theology and Islamic Studies Majoring in Jurisprudence and Fundamentals of Islamic Law, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran.
2 Assistant Professor, Islamic Lifestyle Quranic Research Center, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran.
3 Assistant Professor, Department of Law, Payame Noor University,, Tehran, Iran. (Corresponding Author)
10.22034/jccj.2025.393497.1247
Abstract
Judicial agents are the executive arms of the country, and it is not possible to establish justice and maintain civil rights and establish administrative and public order in the society without the cooperation of these agents. Due to the conflict of laws or the silence of the law, or acts and omissions that violate the rights, people from judicial agents intentionally or unintentionally weaken the rights of the citizens, and therefore, in addition to administrative violations, they may be held criminally responsible. The purpose of this research is to examine the criminal responsibility of judicial agents in case of conflicting laws in Iranian criminal law with a view to Imami jurisprudence. This research tries to analyze the important topics of criminal responsibility of judicial agents and recount its necessities by using the library method and referring to jurisprudence and legal books. From this research, it can be concluded that judicial agents intentionally leave the affairs and current laws in case of conflict, or do the current actions that cause losses and damages to natural and legal persons or government institutions, or that the agent receives a profit, criminal liability is incurred. It will be the broker.
Keywords

Volume 5, Issue 3
Summer 2025
Pages 139-151

  • Receive Date 04 April 2025
  • Revise Date 11 June 2025
  • Accept Date 18 July 2024
  • Publish Date 23 September 2025