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

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SHAMLOU BAGHER; MORADI MAJID

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Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2012 | Volume:76 | Issue:77 Page(s): 163-191

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Title

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

Author(s)

SHAMLOU BAGHER | MORADI MAJID | Issue Writer Certificate

Keywords

DEFAULT OF THE JUDGEQ2

COMPENSATIONQ1

PREMIUM OF TORT (CIVIL LIABILITY)Q2

JUDICIAL MISTAKEQ2

INNOCENT ACCUSED AND CONVICTQ2

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.

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APA: Copy

SHAMLOU, BAGHER, & MORADI, MAJID. (2012). PREMIUM OF JUDICIAL AUTHORITIES TORT AS ONE OF THE GAURANTEES OF DUE PROCESS OF LAW. THE JUDICIARY’S LAW JOURNAL, 76(77), 163-191. SID. https://sid.ir/paper/137977/en

Vancouver: Copy

SHAMLOU BAGHER, MORADI MAJID. PREMIUM OF JUDICIAL AUTHORITIES TORT AS ONE OF THE GAURANTEES OF DUE PROCESS OF LAW. THE JUDICIARY’S LAW JOURNAL[Internet]. 2012;76(77):163-191. Available from: https://sid.ir/paper/137977/en

IEEE: Copy

BAGHER SHAMLOU, and MAJID MORADI, “PREMIUM OF JUDICIAL AUTHORITIES TORT AS ONE OF THE GAURANTEES OF DUE PROCESS OF LAW,” THE JUDICIARY’S LAW JOURNAL, vol. 76, no. 77, pp. 163–191, 2012, [Online]. Available: https://sid.ir/paper/137977/en

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