Journal of Research and Development in Comparative Law

Journal of Research and Development in Comparative Law

Criminal Liability of Judges in Issuing Illegal Rulings Due to Corrupt Interactions (A Comparative Study of European Laws)

Document Type : scientific research paper

Authors
Fatemeh Soleimanzadeh 1
Mahmoud Saber 2
Asadollah Masoudi Magam 3
1 Ph.D. Candidate in Criminal Law and Criminology, Tarbiat Modares University, Tehran, Iran
2 Associate Professor, Department of Criminal Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran
3 PhD in Criminal Law and Criminology and Judge at the Supreme Court of Iran.
10.22034/law.2025.2063765.1667
Abstract
Corrupt interactions pose a serious threat to the integrity of a judicial system. The lack of accountability for corrupt interactions and agreements by judicial officials with individuals involved in cases can lead to a loss of public trust in the justice system, embolden wrongdoers, and result in the widespread prevalence of corruption in all societal sectors. Since corrupt interactions in the criminal proceedings, from preliminary stages to sentencing, can violate fair trials and infringe upon individuals’ rights, the research question of this study is: what penalties are foreseen for judges in the event of violations of fair trial principles and the issuance of illegal rulings due to corrupt interactions? This study, employing a qualitative approach and utilizing content analysis of documents, judicial decisions, in-depth interviews with judicial actors and lawyers (24 individuals), and a comparative study of European countries’ criminal laws, explains the diverse manifestations of judicial corrupt interactions and analyzes the criminal sanctions available in the legal systems of Iran and selected countries. The research findings indicate that while some countries, such as Italy, Spain, Moldova, and Ukraine, have explicitly criminalized the issuance of unjust rulings and have stipulated corresponding punishments with precise definitions of their elements, Iranian criminal law does not explicitly envisage such a crime with this specific title. Instead, only certain behavioral aspects of these interactions, including falsification of content, bribery, and abuse of influence, are subject to general penalties. Issuing an unlawful ruling can only lead to criminal liability for the issuing judicial official if it falls under the scope of Articles 13 and 486 of the Islamic Penal Code, and Article 589 of the Islamic Penal Code (regarding Ta’zir and inhibitory punishments). Therefore, to ensure the integrity of the fair trial system and public trust, this research deems criminal liability for judges in cases of conscious and intentional issuance of illegal rulings, upon proof of corrupt interaction, to be necessary and proposes its inclusion in criminal legislation.
Keywords
judicial corruption
corrupt interactions
criminal liability
unlawful judgment

Subjects

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