Adaptation of Punishments for Legal Entities to Traditional Principles Governing Punishments in the Iranian Legal System: A Comparative Analysis with Criminal Systems of the United States and England

Document Type : Research Paper

Author

PhD in Criminal Law and Criminology, Shahid Beheshti University, Tehran, Iran.

Abstract

Opponents frequently argued that the lack of alignment between the criminal responsibility of legal entities and key punishment principles, such as the individualization and personalization of penalties, was a primary point of contention for them. This disagreement stemmed from their belief that legal entities were not always distinct entities separate from individuals. In this study, conducted through an analytical-descriptive approach, the alignment of punishment principles with the status of legal entities in the criminal justice systems of Iran, England, and the United States was examined. These principles were classified into three main categories relating to the nature of the crime, the punishment, and the offenders, with relevant issues discussed within each legal framework. The analysis revealed that, contrary to the opponents' arguments, these principles generally aligned with the status of legal entities in most instances across all three legal systems, thereby undermining the opponents' stance on this matter.

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References

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Criminal Law Research
Volume 15, Issue 1 - Serial Number 29
Papers
July 2024
Pages 179-191

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