Abstract
With an increased number of legal entities, so close competitions were between them and in order to achieve more benefits and stay ahead of competitors, each may fulfill his purpose by any means and in this way, they may not hesitate to even commit illegal and also criminal activities. Gradually, with the maturing of civil claims in relation to legal entities, their criminal responsibility has been discussed. Given that many punishments as well as judicial proceedings of crime which are applicable for individuals are not relevant to legal entities, a form of distinction in proceeding of the crimes of legal entities comes into existence. Differential of the methods of proceedings crimes of legal entities in considering principles of governance in legal entities criminal proceedings is justified by establishing the governance of utilitarian proceedings, dependency of the presumption of innocence, indictment and specialization in judgment. On the other hand, limitation of guarantees of proceedings in criminal proceedings of legal entities due to increase in the period under supervision, lawyer intervention limits in preliminary investigation and territorial expansion, preventive detention, is applicable.
Highlights
Establishing security and peace in society through bringing offenders to punishment or applying security and corrective arrangements concerning them, is responsibility of the public power which is interpreted as the government
Given that many punishments as well as judicial proceedings of crime which are applicable for individuals are not relevant to legal entities, a form of distinction in proceeding of the crimes of legal entities comes into existence
Differential of the methods of proceedings crimes of legal entities in considering principles of governance in legal entities criminal proceedings is justified by establishing the governance of utilitarian proceedings, dependency of the presumption of innocence, indictment and specialization in judgment
Summary
Establishing security and peace in society through bringing offenders to punishment or applying security and corrective arrangements concerning them, is responsibility of the public power which is interpreted as the government. Iran’s judicial system was adopted this approach, but today in most countries, including France, this type of responsibility has been acceptable by some conditions (Abrndabady et al, 2000). Unlike the former Islamic Penal Code which criminal liability of legal entities had not been considered, in Penal Code adopted in 1392, in addition to penalty of individuals, Iranian legislator deals with legal entities punishment. Differential of method of proceedings of the crimes of legal entities will be examined by considering various components including: governing of investigating principles of legal entities in criminal proceedings and limitation of proceedings guarantees in legal entities criminal proceedings (Beccaria, 1998)
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