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specialty journal of politics and law
Volume 4, 2019, Issue 1
Foundations of Law Enforcement Officials’ Civil Liability
Mohsen Mehri, Mahmood Ali Zadeh
Pages: 46-54

Abstract

Every case might reach a stage of sentence enforcement in which the file is sent to the sentence enforcement unit as a subsequent to which the officials are to play their roles. During the execution of a sentence, one might be breached of a right due to an inadvertent or intentional, voluntary or involuntary actions following which the civil liability of an enforcement officer is posited, generally being government employees. Law enforcement is the duty of the government as a servant ruler carried out by means of its employees. Now that the pillars of civil liability of the enforcement official is objectified, the government is to shoulder the supply of compensation charges according to the general and civil liability regulations only in cases of its administrative guilt and the enforcement official is only obliged to compensate the wastage, fault and usurpation losses. In some cases, the organization and enforcement officer become the causes of a person’s incurrence of loss; the former for the defections in system quantity/quality and the latter for violation of his organizational duty when enforcing a judgment. Who would be responsible if the sentence is left unenforced or incompletely enforced or if an individual does not reach his goal? Is it the enforcement executor to be held liable or the head of administration? And, does the intention and will of them have an effect on the enforcement executor’s liability? This study deals with the novel theories and scrutinizes the civil liability lawsuits of the enforcement officials.





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specialty journal of politics and law
Issue 4, Volume 4, 2019