Feasibility Study of the Realization of the Idea of Criminalization (Crime of Civil Liability of Managers) from Theory to Practice Based on the Approaches of the Model of Criminal Responsibility Model of the Law of Strategic Action to Cancel of Sanctions

Document Type : Original Article

Authors
Sayyed Mohammadreza Mousavifard 1
Hamidreza Norozian 2
Nafiseh Dharovieh 3
Mohammad Rasol Ansari Nia 3
Neda Haghighi 3
1 Assistant Professor, Department of Criminal Law and Criminology, Islamic Azad University, Semnan Branch, Semnan, Iran (Corresponding Author)
2 PhD Student in Public Law, Islamic Azad University, Semnan Branch, Semnan, Iran
3 Bachelor of Laws, Islamic Azad University, Semnan Branch, Semnan, Iran
10.22034/lc.2022.153420
Abstract
Undoubtedly, some of the problems that we see in society today and are plaguing the people depends on several factors that mismanagement can play a very key and strategic role in creating the status quo. Managers who have no expertise and plan the necessary details are taken up by various sensitive positions, which sometimes make decisions whose costs and harmful effects go directly to the people for years, and have a direct impact on people's lives. Looking at the model of government in the Islamic system and even new models that go back to development such as good governance, some governing administrations do not read any of these features of the Islamic and Western model because such people after their current term of office to be accountable for their performance at any level, in this article, with a descriptive-analytical approach, we find the appropriate answer to the question that there is a possibility of criminalization (civil liability of the managers) after verifying negligence and fault by taking advantage of the guarantee of criminal execution embedded in the law of strategic action, is there a cancellation of sanctions or not?
Keywords
Criminal Liability
Managers
Civil Liability
Criminalization
Islamic System