Public Law Studies Quarterly

The Competence of Judges to Punish Acts of Government Authorities Done Under Unlawful Regulations

Document Type : Article

Authors

Gholamhossein Elham 1
Mahdi Dorbin 2

1 Associate Prof, Criminal Law and Criminology, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

2 Ph.D. Student in Criminal Law and Criminology, Faculty of Humanities, University of Justice, Tehran, Iran

https://doi.org/10.22059/jplsq.2021.304286.2462
Abstract
According to article 570 of the Islamic Penal Code, the actions of officials and officials affiliated with government agencies that lead to the deprivation of personal liberty of individuals and violations of constitutional rights can be the basis for guaranteeing criminal executions such as dismissal and imprisonment. This paper, while analyzing the above-mentioned article, explicitly raises the important question that, assuming that government officials and officials take illegal actions based on a provision contrary to the law, can judges of the courts invoke the authority provided for in article 170? Should the Constitution apply the performance guarantee specified in article 570 of the Penal Code? In the present paper, by studying cases of judicial procedure of courts and using a descriptive-analytical method, it has been concluded that the authority obtained from article 170 of the Constitution has no necessity other than non-implementation of illegal provisions by judges and in such cases the inherent jurisdiction of the Administrative Court of Justice in articles 170 and 173 of the Constitution and by using capacities such as issuing warrants for reviewing the legal aspect of the protested regulation is referred to the Administrative Court of Justice and based on the Court's decision in the above regulation, a decision is made in the criminal case.

Keywords

rules
court of administrative justice
jurisdiction
law
courts
Subjects
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  1. B) Articles
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  8. Mazhari, M., Jallavi, F., & Naseri, A. (2014). An analysis of violations by government officials of the limits of exercising official power subject to Article 570 of the Islamic Penal Code. Administrative Law Quarterly, 2(7), 33-55 (In Persian).

 25- Mousavi Mojab, S., & Rafizadeh, A. (2014). The Scope of Criminal Liability of Legal Entities in the Islamic Penal Code. Journal of Criminal Law Research, 4(13), 147-169 (In Persian).

Public Law Studies Quarterly
Volume 53, Issue 4
Winter 2024
Winter 2024
Pages 1763-1781

  • Receive Date 11 June 2020
  • Revise Date 03 January 2021
  • Accept Date 19 April 2021

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