Criminal law and Criminology Studies

The Position of Judges' Fault and Negligence in Claiming Damages: A Case Study of Selected Public Fund Cases

Document Type : Research Paper

Authors

mahdieh vojdani fakhr 1
razieh saberi 2
ali farhadi 1

1 Ph.D. in Criminal Law and Criminology, Department of Law, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran

2 Department of Criminal Law and Criminology, Science and Research Branch, Islamic Azad University, Tehran, Iran

https://doi.org/10.22059/jqclcs.2026.400900.2028
Abstract
Judicial immunity has been recognized in many legal systems as a safeguard to ensure judicial independence and impartial adjudication. However, in certain circumstances, judicial decisions may result in material or moral harm to litigants, thereby conflicting with the principle of fair trial. This article examines the legal process and judicial practice governing claims for damages arising from judges’ fault and negligence before the High Disciplinary Court for Judges, with a particular focus on selected cases involving public funds. Employing a descriptive–analytical methodology based on documentary research, the study demonstrates that, notwithstanding the establishment of manifest fault in some cases, the High Disciplinary Court often reclassifies such conduct as “negligence” and consequently obliges the Public Fund to bear compensation. Moreover, the absence of the Ministry of Justice in the adjudicatory process increases the risk of conflicts of interest, while inadequate judicial awareness may amount to legal “fault.” The findings underscore the necessity of a more precise judicial distinction between fault and negligence, reforms in adjudicatory procedures, and the enhancement of judicial competence.

Keywords

Judicial Negligence
Judicial Fault
High Disciplinary Court for Judges
Ministry of Justice
Public Fund
Subjects

Home

Guide for Authors

Submit Manuscript

Reviewers

Contact Us