The Subordinate's responsibility in Executing illegal orders ‎in the law of Muslim countries with emphasis on the ‎Iranian legal system

Document Type : Research Paper

Author

Department of Criminal Law and Criminology, Faculty of Law, University of Qom, Qom, Iran‎

Abstract

Background and Aim: One of the most important criteria governing the hierarchy of the administrative system is the duty to obey the orders of superior authorities. In this regard, sometimes the issued order may violate the regulation, and therefore the responsibility of the Employee to execute such an order has become one of the most important legal issues in this area and various theories have been proposed to resolve it. In the present Article, while describing these theories, its reflection in the legal systems of Muslim countries has been studied and the responsibility of Employees has been studied from both disciplinary and criminal perspectives. In addition, it has analyzed the position of our country's legal system.
Method: The present study is qualitative research with a comparative approach that is applied in terms of purpose and library-based in terms of data collection tools. This research has been done in a descriptive-analytical manner by considering the criminal regulations and judicial procedures of these countries and their jurisprudential principles.
Findings and Results: the results of the study indicate that in the criminal field, the legislator has used the theory of conscious obedience as a criterion. Nevertheless, the legislature, by acknowledging the personal mistake of the Subordinate, both in terms of the law and the fact, has provided a way to justify criminal liability. In addition, under the influence of regulations before the Islamic Revolution, in some cases, the theory of Passive obedience has been accepted, which is not compatible with Islamic norms. In the field of administrative and employment regulations, the legislature has followed the German approach of repetition of orders, which falls within the framework of theories of moderate obedience, although this view also includes the Subordinate's criminal responsibility toward employees subject to such regulations.

Keywords

Main Subjects

References

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Comparative Law Review
Volume 14, Issue 1
Spring & Summer 2023
July 2023
Pages 147-169

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