Criminal Law
Hassan Poorbafrani; asghar ahmadi; Javad Pouladi
Abstract
Regarding to acceptance of criminal responsibility of legal Persons and punishment determination for these Persons in Islamic Penal Code (IPC) approved in 2013. This question arises how to execute plurality of crime rules towards guilty legal persons similar to real persons. Answering to this question, ...
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Regarding to acceptance of criminal responsibility of legal Persons and punishment determination for these Persons in Islamic Penal Code (IPC) approved in 2013. This question arises how to execute plurality of crime rules towards guilty legal persons similar to real persons. Answering to this question, on hand is simple and on the other hand is difficult. It is simple since criminal responsibility of legal persons in Iranian Criminal Law has been accepted and also the real persons do not have distinctive character to allocate the concurrence rule for them. It is difficult since acceptance of criminal responsibility in Iranian Criminal Law is still young and transition from humanist look of Islamic Criminal Law to the persons, brings many challenges in the way of applying plurality of crime rules to the legal persons. On of the most important Challenges provided at article 20 of the criminal code is integration and extraneous nature of the legal persons punishment. These challenges put an stable obstacle in the way of execution of constructive plurality of crime rules. In addition to mentioned above, in accordance with article 134 of the criminal code related to the legal persons, execution of real plurality of crime rules has been met challenges such as not determination of aggravated punishment and then severity punishment and prosecutor’s authority in determination of tow punishment for legal persons. Above challenges would be made impossible execution of real plurality of crime rules on legal persons similar to real persons.
Criminal Law
Mehrnoosh Abozari
Abstract
Despite the adoption of differential criminal policy in the field of juvenile offenses against adults and the admission of people under the age of 18 as a group of children and adolescents under certain domestic and international laws, the age range and the commencement of criminal responsibility have ...
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Despite the adoption of differential criminal policy in the field of juvenile offenses against adults and the admission of people under the age of 18 as a group of children and adolescents under certain domestic and international laws, the age range and the commencement of criminal responsibility have remained controversial. From the point of view that the Atomic attitude towards the initiation of criminal responsibility is absolute in the girl of 9 years and in the 15-year-old boy of the whole lunar age, or that the formation of criminal responsibility and the readiness of the acceptance of punishment are gradual, Each stage of development is progressively graded, from the mild to the full scale.This is due to the author's view of the dominance of Aristotelian logic in the legislator's view that the adoption of a fuzzy view and application of this view in the discussion of the age of criminal responsibility can be categorized by criminal responsibility and the punishment of perpetrators by category. Shape their age and guide cohesion in legislator performance and judgment towards discriminatory criminal policy. By doing this research, the author is trying to investigate the feasibility and the way of applying fuzzy attitude in the age of criminal responsibility. Does this attitude contribute to the development of a child and adolescent support system and the integrity of the process? Therefore, while explaining the fuzzy attitude and the necessity of its application in different domains, its rules in the area of criminal responsibility are presented by fuzzy diagrams and fuzzy inference system, so that the necessity of applying fuzzy attitude and how to apply fuzzy calculations in drawing the relationship with age are presented. State the degree of criminal responsibility and the type of punishment and the benefits.
Iraj Goldozian; Amin Golriz
Abstract
Criminal liability of legal entities, including new and emerging issues in the criminal justice system is born. Despite the adoption of these important public interests as told by lawyers, principles, and elements of criminal responsibility for this category of persons has not been analyzed properly. ...
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Criminal liability of legal entities, including new and emerging issues in the criminal justice system is born. Despite the adoption of these important public interests as told by lawyers, principles, and elements of criminal responsibility for this category of persons has not been analyzed properly. Thus, the criminal law cannot be the same way and measure that determines the basis for criminal liability for individuals, criminal liability for legal entities to measure, and the principles of criminal liability of legal entities of the necessary analysis of criminal law. In this paper, based on the subjects to analyze the most important element of criminal liability for legal entities, the constituent elements of criminal capacity with an emphasis on Islamic Penal Code will be discussed in 1392. Essential component of the criminal investigation capacity can be more correct analysis of criminal liability of legal persons and better understanding of the subject could be offered.
Fatemeh Ghanad; Masoud Akbari
Abstract
Accepting criminal responsibility for legal persons is a matter of consideration in most legal systems and is not incorporated in enactments. There is some barriers concerning to this matter which relate to traditional goals of criminology and fundamental principles of criminal law. ...
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Accepting criminal responsibility for legal persons is a matter of consideration in most legal systems and is not incorporated in enactments. There is some barriers concerning to this matter which relate to traditional goals of criminology and fundamental principles of criminal law. Legal persons have exclusionary and limited legal capacity and they continue their activities in order to support the rights of the creditors. There is a fundamental question here in relation to the possibility of imposing punishment to them in settlement period. There is no answer in behalf of legislator, so considering restrict interpretation giving answer to this question is a serious challenge. All these matters will be examined in this article.
