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Judicial Ethics and Compensation for Mistakes (A Comparative Study in Iran and Iraq)
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Abbas Hasan Betti1   , Reza Nikkhah Saranghi2 , Siamak Jafarzadeh3 |
1- Ph.D. Student of Private Law, Faculty of Literature and Humanities, Urmia University, Urmia, Iran
2- Department of jurisprudence and Islamic Law, Faculty of Literature and Humanities, Urmia University, Urmia, Iran , nikkhahsaranghir@gmail.com
3- Department of jurisprudence and Islamic Law, Faculty of Literature and Humanities, Urmia University, Urmia, Iran |
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Abstract: (122 Views) |
Background: Judicial ethics is part of the larger category of legal ethics. Judicial ethics includes standards and norms that apply to judges and covers issues such as how to maintain independence, impartiality, and avoid impropriety. Based on the principles of judicial ethics, when a judgment is made incorrectly, the judicial system is obligated to compensate the injured person. Therefore, the present study has undertaken a comparative study on the ethical concept of compensation for mistakes in the judicial systems of the two countries of Iran and Iraq.
Conclusion: The results of the present study showed that both countries have recognized the principle of compensation for mistakes in their constitutions, taking into account the principles of judicial ethics. In Iran, Article 171 of the Constitution and in Iraq, Article 19 of the Constitution have addressed this issue. Also, both countries have specific statutory laws in this regard. However, there are significant differences in the structure of the responsible institutions and the implementation process of compensation. In Iran, provincial compensation commissions operate under the supervision of the judiciary, while in Iraq, the Ministry of Justice has primary responsibility. Common challenges in both countries include a lack of funding, lengthy review processes, and the difficulty of proving judicial errors. This study provides suggestions for improving the compensation system in both countries, including amending existing laws, speeding up the review process, and paying attention to the ethical principle of transparency in the performance of responsible institutions.
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| Keywords: Judicial ethics, Compensation, Judicial errors |
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Full-Text [PDF 974 kb]
(73 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2024/12/23 | Accepted: 2025/02/22 | Published: 2025/07/1
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