Formal Challenges of Criminal Liability of Legal Persons in Iran's Criminal Justice System

Abstract

In this discussion, we aim to address the topic of the formal challenges of criminal liability of legal persons in Iran's criminal justice system and the procedural issues associated with it. One of the innovations of the Islamic Penal Code ratified in 2013 is the recognition of criminal liability for legal persons. The significance and special status of legal persons in contemporary society compelled the legislator to establish this important institution in criminal law by dedicating several articles to it. Criminal liability of legal persons has not been discussed in Islamic jurisprudence. This research examines the criminal liability of legal persons in Iran's criminal justice system. The foundations of criminal liability of legal persons differ between jurisprudence and law, although there are similarities in the reasoning process; however, the methods of proof vary. The basis of the criminal liability of legal persons is vicarious liability. Legal persons may attempt to conceal their assets to evade the enforcement of criminal judgments. Additionally, corruption and collusion can influence judicial and enforcement procedures, thereby harming justice and trust in the judicial system. Delays in various stages of the judicial process, such as issuing judgments later than expected and delays in executing enforcement actions, can also reduce confidence in justice. Insufficient coordination and cooperation between judicial, enforcement, and law enforcement institutions can present obstacles to enforcing criminal judgments against legal persons. These challenges highlight the necessity of reforms and changes in Iran's judicial and criminal enforcement systems to improve procedural efficiency and enhance justice when dealing with legal persons who bear criminal liability. The research methodology is analytical and descriptive. The findings of this study emphasize reforming the perpetrator and facilitating fair trial proceedings, ensuring that the harm inflicted on victims is adequately compensated. Given the resources available to legal persons, they are in a better position than natural persons to compensate the victims of crimes. Punishing legal persons upholds the principle of equality before the law and the principle of the individuality of punishments, thereby promoting justice and fairness.