Situational Prevention of Judicial Misconduct in the Law on Oversight of Judicial Violations

Wahidullah Hamidi; Hussaindad Kamran; Khadem Husain Habibi; Hassanreza Shayanfar

doi:10.47814/ijssrr.v8i6.2778

Wahidullah Hamidi PhD Student in Criminal Law and Criminology at AhlulBayt International University, Tehran, Iran/Faculty Member, Faculty of Law and Political Science at Khatam Al-Nabieen University, Ghazni Branch, Afghanistan
Hussaindad Kamran Ph.D. in Criminal Law and Criminology, University of Tehran, Iran /Faculty Member, Faculty of Law and Political Science at Khatam Al-Nabieen University, Ghazni Branch, Afghanistan
Khadem Husain Habibi PhD Student in Criminal Law and Criminology at AhlulBayt International University, Tehran, Iran/ Faculty Member, Faculty of Law and Political Science at Khatam Al-Nabieen University, Ghazni Branch, Afghanistan
Hassanreza Shayanfar PhD Student in Criminal Law and Criminology at Mazandaran University, Iran/Faculty Member, Faculty of Law and Political Science at Khatam Al-Nabieen University, Ghazni Branch, Afghanistan

DOI: https://doi.org/10.47814/ijssrr.v8i6.2778

Keywords: Situational Prevention; Prevention; Judicial Misconduct; Deterrence Models; Law on Oversight of Judicial Violations

Abstract

Judges hold a distinct social and judicial status in ensuring justice, a status that comes with both privileges and restrictions. This position also imposes responsibilities, prompting the Iranian legislator to implement various preventive measures across different legal frameworks to curb judicial misconduct. This study examines the techniques embedded in Iranian laws to prevent judicial violations and analyzes their application. Under Iranian law, judicial misconduct is not handled through ordinary procedures but is subject to special oversight. According to the Law on Oversight of Judicial Violations, a specialized court is designated to address judges’ misconduct. Additionally, official oversight is assigned to a special prosecutor under this law. Situational prevention, as a practical approach with observable outcomes, can play a significant role in reducing judicial misconduct. This research identifies the foundational rationale for situational prevention in judicial misconduct cases and highlights the most effective preventive techniques. These include; Techniques aimed at increasing the effort required to commit violations, such as continuous monitoring of judicial performance. Techniques that heighten the perceived risks associated with misconduct, such as criminalizing behaviors that undermine judicial integrity. Techniques that reduce the anticipated benefits of misconduct, including strict criminalization and eliminating potential gains from corrupt behavior. Techniques that remove justifications and excuses for violations, contributing to effective situational prevention. The primary legal framework examined in this study is the Law on Oversight of Judicial Violations, which extensively employs situational prevention strategies. Additionally, the Iranian Constitution and the Code of Criminal Procedure are considered to assess legal innovations and shortcomings while exploring situational crime prevention techniques.

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