Government Civil Liability due to the Delay of Proceedings

Document Type : Review

Authors
1 Associate Professor of Criminal Law and Criminology, Faculty of Law, University of Qom, Qom, Iran
2 Master's student in Criminal Law and Criminology, Faculty of Law, University of Qom, Qom, Iran (Corresponding Author)
10.22034/lc.2025.492695.1562
Abstract
In Iranian law, the civil responsibility of the government in judicial actions was foreseen in Article 171 of the Constitution of 1358, which can be referred to as the general rule of civil responsibility of the government in damages caused by judicial actions. One of the duties of the government is to provide judicial services at a reasonable speed. The delay of proceedings is considered one of their chronic problems in governance. Procrastination of the proceedings has harmful effects on litigants and its direct damage is directed at them. the reasons for the delay of the proceedings are the government's carelessness in the administration of judicial affairs and judicial mistakes and errors in the process of the proceedings, according to the change in the basis of the government's responsibility and the replacement of the principle of the government's responsibility instead of the principle of immunity, the government can be held responsible for any losses caused by the delay of the proceedings. Factors for reducing the delay of criminal proceedings in the new criminal procedure law, using the experiences of advanced countries including the development of electronic judicial services, creating the necessary infrastructure and of course being required to comply with these principles in the practical field can reduce delays. Criminal proceedings are very effective. Now the question is, in cases of damage to individuals by the government, the principle is to compensate for the damage is Do the existing laws provide the rights of individuals؟
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