عنوان مقاله [English]
نویسندگان [English]چکیده [English]
Due to the conflicting viewpoints about the extent of officers' responsibility to obey orders and their responsibility in enforcing illegal orders has caused diverging viewpoints among legal experts and this important matter has caused challenges on the way of the processes of officers' actions. On the one hand, police institutions and organizations, related to the hierarchy of orderers and officers, which play a role in associated responsibilities and tasks, suffer from lack of strong and clear laws and sometimes many problems happen for arduous and committed officers because of the pitfalls and shortages in the law and finally with making criminal dossiers and issuing agreements of provision have quitted their job or have suffered some way or another. In this study it is attempted to analyze the effect of the order of the legal orderer on the criminal responsibility of the officers of the disciplinary command in the laws of Iran and France through research and juxtaposition of the two laws; and with background-finding in the two fields of library research and comparative readings of France, also with doing interviews with experts of the field in disciplinary command and analyzing them, significant results are yielded; and finally, it is suggested that the results of this research be implemented in the Islamic penal laws and if need be with writing a complement as an amendment added to the previous articles so that alongside clarification of the approach of lawmaker about the subject, the way of any sort of discord and difference of opinions in interpretation of articles about the responsibility of the officers is closed and the executors of orders, like the officers of police, can with decide peace of mind how to do the orders of the orderer.