The Position of the Scope of the Theory of Fault in Iranian Law with Emphasis on Criminal Law

In most of the legal systems of the world today, it is argued that no harm should be left without compensation. Hence, many theoretical foundations have been proposed in this regard, among which we can mention the theory of risk, mixed theory, theory of guarantee of rights and theory of fault. Therefore, the present article seeks to examine the position of the theory of fault in Iranian law with emphasis on criminal law. According to the presented thematic documents, the research method is descriptive-analytical. The findings indicate that: First, criminal fault is a practical act that requires conditions to be realized; Second, criminal fault is one of the issues in criminal law and is a behavior based on carelessness, inadvertency and negligence that results in punishment for the perpetrator; Third, in the legal system of most countries, including France, , the presumption of guilt is accepted on issues such as the employer's liability to the worker, but in Iranian law, in order to fulfill these responsibilities, fault must be proven. The result is that the legislature, in order to maintain public health and public order, has established that violating government systems and regulations that cause harm to others is a fault and exposes the perpetrator to liability and punishment for ignoring it. Ignoring these rules for any reason, if it leads to criminal consequences, will lead to criminal error.