نوع مقاله : مقاله پژوهشی
1 گروه فقه و مبانی حقوقی ،دانشکده الهیات، دانشگاه آزاد تهران شمال، تهران، ایران
2 استادیار گروه فقه و مبانی حقوق ،دانشکده الهیات، دانشگاه آزاد تهران شمال، تهران، ایران
عنوان مقاله [English]
In the Islamic Penal Code of 2013, for the first time, the criminal responsibility of the legal person officially entered the Iranian legal system, although before that the Law on Criminal Offenses had spoken of in article 19 of itself, but we should formally consider the penal code as the innovator of this legal basis, on the one hand, because in accordance with Article 4 of the Constitution, all laws and regulations in the country must be based on jurisprudential and sharia standards
From a jurisprudential point of view, it seemed necessary to examine the basis of the criminal responsibility of the legal person, since this void was clearly felt in the following laws and also created many negative effects. In this article, accepting the fact that it is possible for a legal person to commit a crime, we have analyzed the quality of the crime committed by these persons and concluded that legal entities, when committing a crime, take the material behavior of the crime from the real person, which is in accordance with roknite theory;,
Considering that the behavior of the real person is part of the legal person so that he takes his will from the real person and basically the responsibility is directly on the legal person.