نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
A comparative examination of the Iranian legal system and the European Principles of Liability demonstrates that, although civil and criminal liability are regarded as two independent legal institutions in terms of their foundations, objectives, and consequences, in practice there exists a significant degree of overlap and continuous interaction between them, thereby blurring the traditional boundaries separating these two domains. In Iranian law, criminal liability is primarily grounded in the protection of public order, the punishment of offenders, and the prevention of criminal conduct, whereas civil liability mainly serves the purpose of compensating the injured party and restoring the status quo ante. Nevertheless, in many instances, a single act may simultaneously give rise to both civil and criminal consequences, highlighting the necessity for a precise clarification of the relationship between these two forms of liability. The study of the European Principles of Liability further indicates that contemporary legal approaches place increasing emphasis on effective victim protection, damage reparation, and the preventive function of liability. Within these systems, there is a discernible tendency toward reducing the strict separation between civil and criminal sanctions and moving toward integrated models, whereby certain legal mechanisms simultaneously possess compensatory, deterrent, and even quasi-criminal effects. This development reflects the fact that the philosophy of liability in modern legal systems is no longer confined solely to punishment or compensation, but has also come to encompass restorative justice and the effective protection of individual rights as fundamental objectives. Similarly, although traditional doctrines in Iranian law continue to emphasize a relative distinction between civil and criminal liability, a functional convergence between these two regimes can be observed in areas such as economic crimes, professional misconduct, occupational accidents, and environmental damages. This situation demonstrates that legal accountability in the contemporary world requires an approach that transcends the ...
کلیدواژهها English