Types and methods of compensation for moral damages resulting from the detention of an innocent person With a sociological approach

Document Type : Original Article

Authors

1 Assistant Professor, Department of Law, Faculty of Humanities, Islamic Azad University, Yazd Branch, Iran

2 PhD in Criminal Law and Criminology Department of Law, Faculty of Humanities, Farabi Campus University, Qom Branch, Iran

Abstract

In this article, we seek to answer the question of what kind of compensation in Iranian law can be predicted for innocent detainees and how these types of compensation are applied. In fact, more important than material damage is what may result in the detention of others. Moral damage includes damage to the soul, body, reputation, feelings and emotions or any damage to a person and his personality. Basically, there is no special complexity in the method of assessment and compensation of material damages, but the assessment of damage in compensation for spiritual damage with many problems Because there are various factors involved in this regard that can not be assessed with certainty and based on the principles of damage assessment. These include differences in the mental and personality of individuals, their social status and the difficulty of determining the true extent of psychological damage. Therefore, it is not easy to find a general and fixed criterion and rule between these two levels of strength and weakness that is applicable to all people, and in principle there is no definite rule in this regard, but what in this article as the most important components The effect of personality and social status of the detainee and the effect of spiritual elements and motivation of the detainee were considered in the assessment of damages. Has been discussed

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