نوع مقاله : مقاله پژوهشی
1 دانشجوی دکتری، گروه حقوق جزا و جرمشناسی، واحد گرگان، دانشگاه آزاد اسلامی، گرگان، ایران.
2 دانشیار، گروه و مبانی حقوق اسلامی، دانشکده ادبیات و علوم انسانی، واحد تهران مرکزی، دانشگاه آزاد اسلامی، تهران، ایران. (نویسنده مسؤول)
عنوان مقاله [English]
Border guards, who have the duty to protect and guard the country's borders against any kind of border encroachment on foreigners or locals, are sometimes forced to use weapons with this serious duty. Border guards have a duty to use weapon in the framework of laws and regulations to combat border trespassers. The purpose of this study is to explain the legal system governing the act of border guards who shoot while performing their duties in the territory of a neighboring country, which is sometimes results in death or other injuries and therefore amounts to civil and criminal responsibility on the border guards. This article has been done with a qualitative method and with documentary and library techniques. The results of the research show that In Iran's criminal law, in order to maintain order and security, laws and regulations regarding the treatment of unauthorized crossers of the border have been established, and the use of weapons for officers as well as the territorial jurisdiction of Iran's criminal laws regarding the committing of unauthorized shooting are specified. However, there is no precise framework for determining responsibility, so the courts make decisions according to each case. In general, the legislator has divided the shooter into legal and illegal categories. If the police shooter is recognized as legal, the shooter is not responsible. However, if a shooter is found to be unauthorized, or the deceased or injured is innocent, the officer of the shooter or the police force is responsible.
The results of the research show that in order to maintain the power of housing located at the borders and the independence of the judiciary, in the criminal law of Iran, in case of promotion of shooting against the rules and regulations beyond the borders, ie in the territory of a foreign country, the courts of the capital See Judge based in border towns did not find him competent.