Abstract:
Despite the fact that legal research and writings have addressed the foundations, rulings, and principles governing civil and criminal responsibility, as well as damages resulting from crime, disciplinary or administrative responsibility has not received much attention alongside these two types of legal responsibility. Those involved, especially the authorities investigating disciplinary violations, face a fundamental ambiguity regarding whether they should follow criminal or civil responsibility in their investigations, definitions, and the determination of the scope of related rulings. Issues such as the elements of committing a violation, factors that waive disciplinary responsibility, the role of the mental element in the occurrence of a violation, and other rules and principles of due process in disciplinary proceedings are topics that, by explaining and determining them, can facilitate the path for authorities investigating violations. Accordingly, in this article, while providing a definition of legal responsibilities, we will address the fundamental differences between civil and criminal responsibility and disciplinary responsibility, and finally, the third type of responsibility, titled 'disciplinary responsibility,' is established with its own specific rulings, effects, and rules.
Machine summary:
PhD student in Private Law, Allameh Tabataba'i University Abstract Despite the fact that legal research and writings have addressed the foundations, rulings, and principles governing civil and criminal liability, as well as damages resulting from crime, disciplinary or administrative responsibility has not received much attention alongside these two types of legal liability.
In fact, regulatory liability refers to the liability arising from the violation of those rules of public law that, with a protective approach, establish standards regarding professional ethics, the quality and security of the behavior of individuals and companies.
The goal of law in establishing criminal liability, describing criminal acts, and determining punishments for them is the protection of the public interests of society and social order and security (Dadban, 1377: 147).
In the context of the definition and explanation of responsibility, this matter has been clearly clarified in Article 328 of the Civil Code: Introduction In the science of law, "liability"1 is said to be a person's legal obligation to compensate for the damage caused to another.
Difference in scope, flexibility, and efficiency The goal of law in establishing criminal liability, characterizing criminal acts, and determining punishment for them is the protection of the public interests of society and social order and security (Dadban, 1377: 192).
Or according to this same law, if as a result of one of the violations, material or moral damage is caused to a person or persons, in addition to creating regulatory liability, it is subject to the rules of civil liability.
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