JUDICIAL IMMUNITY OF JUDGES AND LAWYERS IN IRANIAN LEGAL SYSTEM

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HABIBZADEH M.J.; ASADI FERESHTEH

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Journal: PRIVATE LAW STUDIES Year:2009 | Volume:38 | Issue:4 Page(s): 161-183

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Information Journal Paper

Title

JUDICIAL IMMUNITY OF JUDGES AND LAWYERS IN IRANIAN LEGAL SYSTEM

Author(s)

HABIBZADEH M.J. | ASADI FERESHTEH | Issue Writer Certificate

Keywords

IMMUNITYQ2

INDEPENDECE OF JUDGEQ3

LAWYRESQ3

FREEDOM OF DEFENCEQ3

Abstract

special standing of attorneys and judges have made all legal systems of the world pay particular attention to the exigency of the provision of an appropriate bed for suitable execution of their duties as well as the recognition of their privileges and IMMUNITY. Some theories like "Good Service", "The Validity of Judges and Attorneys' Personality" and "Exigency and Necessity of Duties" have been stipulated. Judge's independence guarantee, attorney's freedom in defending, special social situation and the lack of criminal intend (MENS REA) are some theoretical bases of the IMMUNITY of judges and attorneys. The opponents of judges and attorneys' IMMUNITY believe that such a privilege is in contradiction with the principal of persons equality against the Law, the person’s right of justice demanding and also in contradiction with Islamic rules. From our viewpoint, their reasons do not fade the necessity of such IMMUNITY. The fundamentals supporting the necessary of such a judicial IMMUNITY may differ in various legal systems. This article deals with the revision of judicial IMMUNITY of judges and attorneys in Iranian legal system.

Cites

A JURISPRUDENCIAL STUDY OF LEGAL RESPONSIBILITY AND IMMUNITY OF JUDGES

References

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APA: Copy

HABIBZADEH, M.J., & ASADI, FERESHTEH. (2009). JUDICIAL IMMUNITY OF JUDGES AND LAWYERS IN IRANIAN LEGAL SYSTEM. PRIVATE LAW STUDIES, 38(4), 161-183. SID. https://sid.ir/paper/124702/en

Vancouver: Copy

HABIBZADEH M.J., ASADI FERESHTEH. JUDICIAL IMMUNITY OF JUDGES AND LAWYERS IN IRANIAN LEGAL SYSTEM. PRIVATE LAW STUDIES[Internet]. 2009;38(4):161-183. Available from: https://sid.ir/paper/124702/en

IEEE: Copy

M.J. HABIBZADEH, and FERESHTEH ASADI, “JUDICIAL IMMUNITY OF JUDGES AND LAWYERS IN IRANIAN LEGAL SYSTEM,” PRIVATE LAW STUDIES, vol. 38, no. 4, pp. 161–183, 2009, [Online]. Available: https://sid.ir/paper/124702/en

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