An analytical look at the interaction of the civil liability system with criminal liability to regulate the behavior of legal subjects

Document Type : Original Article

Authors

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

2 Ph.D. Student in (Private Law), Institute for management and planning studies, Iran

10.30510/psi.2022.289246.1810

Abstract

Although the systems of responsibility each have their own specific functions and goals, but in some cases these systems are not efficient and the island activity of each of the systems of responsibility has not led to the desired result, so given the dynamics and The fluidity of society in the shadow of maintaining the boundaries of systems of responsibility, the interaction of these systems in order to evolve as much as possible, is considered important. According to the findings of this study, in cases where civil liability is not effective and deterrent, criminal liability can be sought. Accordingly, in choosing the type of dealing with legal phenomena, but also in choosing the intensity of action, one should pay attention to the conditions and developments in society. It should be noted that criminalizing acts that were previously civil does not mean denying or denying restorative justice. Rather, in order to complete the theory of restorative justice and attention to society and its impact on the occurrence of crime, in cases where the conditions of society, it is necessary to deal with some civil violations by some guarantee of criminal enforcement, such an action is allowed.

Keywords

Political Sociology of Iran
Volume 5, Issue 11
January 2023
Pages 4417-4430

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