Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

the basics of the effect of a criminal offense on the civil liability of an official judicial expert in Iranian and British law

Document Type : research

Authors
Mohammadmehdi Yousefi 1
Alireza Shamshiri 2
Esmael Abasi 3
Mohsen Ghasemi 3
1 PhD student in the Department of Law, Faculty of Humanities, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
2 Assistant Professor, Department of Law, Faculty of Humanities, Central Tehran Branch, Islamic Azad University, Tehran, Iran
3 Associate Professor of Department of Private Law, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
10.22034/ejs.2023.419334.1565
Abstract
Background and Aims: Expertise is one of the important evidences in civil procedure, which plays an important role in the realization of fair proceedings. But the official judicial expert may make a mistake and this will lead to damage to one of the parties. The purpose of this article is to investigate the effect of criminal offense on the civil liability of the official judicial expert in Iranian and British law.
Materials and Methods: The method of this article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: Both in Iranian law and in British law, the basis of the effect of a disciplinary offense on the civil liability of an official judicial expert is based on the theory of fault. Therefore, in the laws of the two countries, if a judicial official causes damage to one of the litigants by committing a violation caused by intent or negligence, he is responsible for the damage caused.
Conclusion: In order to be able to demand damages from the official judicial expert, the violation or fault of the expert must be proven, and the criterion for the violation or fault of the expert is actually the violation of the behavior of a conventional professional person in that field. Therefore, in this category, proving this violation or fault is associated with problems.
Keywords
principles of proceedings
arbitration
execution guarantee
fair proceedings
independence of the judge
non-prolongation of proceedings
Subjects
Strategic Studies of Jurisprudence and Law
Volume 5, special issue - Serial Number 5
Studies of economic jurisprudence
Summer 2023
Pages 809-826