The American criminal justice system, as one of the pioneers in identifying criminal responsibility and determining various forms of criminal enforcement guarantees for legal entities, can serve as successful model for other criminal justice systems. Providing appropriate enforcement guarantees for legal entities and offering solutions for the precise determination of each of these enforcement guarantees can be considered among the characteristics of the American legal system.
The present paper adopts an analytical-descriptive approach and utilizes library sources to introduce and evaluate each of the criminal enforcement guarantees in this country. Furthermore, in line with the discussion, it examines the legislative gaps in the field of criminal law in Iran from a comparative perspective.
The analysis of the enforcement guarantees present in the American criminal justice system indicates that they are designed to ensure the objectives of reparation, punishment, and prevention, taking into account the types of legal entities, the nature of their activities, the level of risk, annual financial turnover, and the extent of harm caused. Along with the guidelines for determining penalties, these guarantees aim to achieve the desired goals and consequences of the criminal justice system. However, despite the diversity of criminal enforcement guarantees in the Iranian legal system, it has failed to provide a suitable categorization of enforcement guarantees for legal entities, unlike the American legal system. Drawing inspiration from the American legal system in certain aspects of criminal enforcement guarantees can help address legislative gaps in this area.