Comparison of conditions and policies for compensation of innocent prisoners in the Iranian and American legal systems

With all the measures provided to control the detention of an innocent person in the international dimension and the domestic law of countries, there are many cases in which the accused is not entitled to detention and unjustly detained without observing the legal conditions or He was imprisoned due to a judicial error. In such cases, compensation for the innocent detainee is an important issue that needs to be addressed due to the violation of the fundamental rights of individuals.
The question that arises in this case is how an innocent detainee can seek compensation. The findings of the study indicate that in both the Iranian and American legal systems, despite the differences in substance (positive and negative) and the form and manner of claiming compensation, there are similarities between the two legal systems and Civil liability for compensation to an innocent prisoner in both systems is the responsibility of the state, with the difference that in Iranian law, if the detention is the result of a biased declaration of a crime, false testimony or fault of judicial authorities, The state can refer to the main responsible after compensation.
While in American law, according to the principle of absolute immunity of judges, the responsibility lies with the state.
This article tries to use descriptive-analytical method, Examine the conditions, proceedings and manner of claiming damages for innocent prisoners in the Iranian legal system with a look at US law