Judicial Law Views Quarterly (Law Views)

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shahidi M, dehghan N, badiesanaye A. Law Enforcement; a Function of Criminal Liability or Civil Liability. دیدگاه‌های حقوقی 2018; 23 (83) :129-156
URL: http://jlviews2.ujsas.ac.ir/article-1-1038-en.html

Despite the fact that in investigations and legal writings enough consideration has been paid to the founding principles and rules governing civil and criminal liability as well as damages of crime, the legal or disciplinary responsibility accompanying these two types of legal responsibilities has not been taken seriously into account and the people involved it - in particular, the authorities dealing with violations of law and order- remain in this fundamental ambiguity:  in the proceedings, as well as in the definitions and identifying the scope of the relevant judgments, should they follow the criminal or civil responsibilities? If we try to clarify and solve some important issues such as the fundamentals of identifying violation, the factors of evading legal responsibility, the role of the spiritual element in the occurrence of the violation, as well as other rules and principles of law enforcement in legal investigations, we can help the authorities who investigate the violations to take a right direction. Accordingly, in this paper, while presenting a definition of legal responsibilities, we describe the fundamental differences of civil and criminal liability with law enforcement, and finally we prove the third part of the responsibility under the title of law enforcement with its own rules and regulations.