Examining the Relationship between Civil and Criminal Liability in Iranian and English Law
Subject Areas : مسئولیت مدنی
1 - Master of Private Law, Faculty of Humanities, Tonekabon Branch, Islamic Azad University, Tonekabon, Iran.
Keywords: Fault-based liability, no-fault liability, intent, criminal liability policy, lack of liability,
Abstract :
Criminal policy is the most important characteristic of legal systems worldwide, and every legal system, in order to impose criminal responsibility on an individual, establishes certain conditions under the title of the elements of criminal responsibility within its laws and regulations, and undertakes policymaking in this regard. The legal systems of Iran and England, despite having fundamental differences, share both similarities and distinctions in this policymaking and do not follow uniform criteria. In general, in the law of both countries, the concepts of civil liability and criminal liability are defined separately; however, in some cases, these two concepts may be pursued simultaneously. In English civil liability law, the general rules of liability are categorized under three headings: liability arising from negligence, liability arising from intent, and strict liability. In contrast, the general rules of civil liability in Iran are classified into two main categories: fault-based liability and strict liability. Despite the apparent differences between the two systems, the general rules of civil liability in both countries are adaptable and strive to achieve the goal of administering justice and compensating unjust harm. In this article, by examining the criminal and civil liability policies in the legal systems of Iran and England, it was observed that the age of reason and criminal maturity, as well as the general civil rules, are accepted as principles in both systems, and the imposition of criminal responsibility on individuals is conditioned upon reaching a certain age and possessing reason and criminal maturity.
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