Analysis of the Legislative Response of the Criminal Justice System in the Realm of Crimes Committed by Legal Entities

Subject Areas : International Legal Research

jamile zeinali ¹ , mohsen shekarchizadeh ² , raziye Ghasemi Kehrizsangi ³

1 - PhD Student in Criminal Law and Criminology, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
2 - Department of Law, Faculty of Law, Islamic Azad University, Najafabad Branch
3 - Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran and Department of Law, Tirana Branch, Islamic Azad University, Tirana, Iran.

Received: 2021-09-04 Accepted : 2021-12-28 Published : 2021-08-23

Keywords: Legal entities, criminal Justice, sovereign acts, enterprise acts, legislative response,

Abstract :

Background and Aim: The approach or nature of response of a criminal justice system is related to the criminal policy approach of the same system in the field of crime and can be reformist, punitive, controlling or restorative, as the case may be. In the meantime, the response to legal entities will be inherently different from that of natural persons who have committed a crime. In other words, with the normal mechanism envisaged for responding to crimes committed by natural persons, it is not possible to hold legal entities accountable. The response of the criminal justice system is in the form of punishing legal entities, which among the general Sharia punishments, only ta'zir can be applied to legal entities, and it is better for legal entities that the specific punishments of these entities, such as dissolution, confiscation, prohibitions, punishment Use cash and issue a sentence.Methodology: The present study is descriptive and analytical.Findings and Results: The Iranian criminal justice system in the response system suffers from the inadequacy of the penalties provided for all legal entities. Also, public law legal entities that have no criminal liability in the exercise of sovereignty, and ambiguity in the instances of government orders is a way for public legal entities to escape criminal liability. Establishment of differential criminal procedure rules for responding to crimes committed by legal entities, as well as determining the exact manner of execution of specific punishments for legal entities are among the basic needs of this response system.