Protection of the victims of crimes of legal entities through the issuance of an order to secure the demand

Document Type : Research Paper

Authors

1 Assistant Professor, Department of Law, Faculty of Literature and Humanities, Malayer University, Malayer, Iran

2 Assistant Professor, Department of Law, Faculty of Literature and Humanities, Bo Ali Sina University, Hamadan, Iran

3 Associate Professor, Department of Law, Faculty of Literature and Humanities, Malayer University, Malayer, Iran

Abstract

Today, in the context of criminal law, the victim holds a special position, and various measures have been taken to protect them, ranging from expressing legal views to enacting laws. Legal entities have their own victims, depending on the type of activity and sometimes the criminal behavior they engage in. The legislator, by providing Article 691 of the Criminal Procedure Code, has foreseen the possibility of issuing a demand order against the property of legal entities to create financial restrictions and secure the claim and guarantee the rights of the victim. It seems that issuing this order against some legal entities, such as municipalities and state legal entities, has faced serious obstacles and, for various reasons, including the rule of some substantive laws and the impossibility of seizing the property of public law legal entities, the legislative objectives in this regard cannot be achieved in a desirable manner. In this study, the process of issuing and implementing a demand order against various types of legal entities is examined using a descriptive-analytical method and library resources, and the challenges related to the implementation of this order will be expressed by providing solutions

Keywords

Main Subjects