A Model for the Selection of Criminal Fines for Legal Entities; In Light of the U.S. Federal Organizational Sentencing Guidelines (2025 Edition)

Articles in Press

Document Type : Research Paper

Authors

1 PhD Student, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran.

2 Professor, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran.

Abstract

Domestic criminal policy lacks adequate provisions to make full use of the distinct potential of criminal fines for legal entities. Conversely, the United States Federal criminal justice system—as a utilitarian legal framework evaluating laws by their practical functions—defines the fine commensurate with pecuniary loss, gain, or offense severity. Even for crimes devoid of financial impact, it establishes a “Base Fine” proportional to the level of reprehensibility. Through innovative statutory adjustments known as “Culpability Scores,” the Base Fine is converted into a narrow range tailored to the corporate offender’s character, representing a transition from strict liability and fixed penalties to a graded and dynamic liability approach. Utilizing a descriptive-analytical method and examining the US Federal Sentencing Guidelines to remedy domestic deficiencies regarding fine determination for legal entities, this research proposes an amendment to Article 21 of the Islamic Penal Code to the legislature.

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Criminal Law Research

Articles in Press, Accepted Manuscript
Available Online from 20 August 2026

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