نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 گروه حقوق جزا و جرم شناسی، دانشکده حقوق و علوم سیاسی، دانشگاه علوم و تحقیقات تهران
2 گروه حقوق جزا و جرم شناسی ، دانشکده حقوق و علوم سیاسی، دانشگاه آزاد کرج
3 گروه حقوق جزا و جرمشناسی، دانشکده حقوق و علوم سیاسی دانشگاه آزاد اسلامی واحد کرج
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Accept a position of general responsibility for the criminal liability for legal entities for the first time in the Islamic Penal Code ratified in 2013, and by considering the specific essence of these entities in terms of procedure we required to use specific regulations and this crucial responsibility came true not only by predicting a comprehensive code about investigating the crimes of legal entities but by codifying a circular in that time proportionate to the existing facilities by the esteemed legal deputy of the Judiciary was able to execute (enforce) it in practice more facile but fulfilling such a request due to its concurrency with codifying and communicating the Islamic penal code and the code of criminal procedure ratified in 2013 wasn’t so much easy. But now after the passage of about seven years from the time of the ratification of the mentioned code, the researchers in this paper by relying on the descriptive-analytical method hold that lack of using variegated warrant and also lack of presenting a method for the execution of sentence for legal entities are among the critical and vague points that unfortunately clarifying this issue for the authorities hasn’t been done by the governing authority (body) and it is mostly probable that the reason for this negligence or shortcoming is the mere reliance on the theoretical foundations and employing the experiences of the developed countries without considering the existing infrastructures. Therefore, it is advisable that by amending the existing laws (rules) and order to conducting distinctive investigations (i.e. differentiated forms of investigation) through specialized courts or at least by establishing specialized investigation branches in public courts reduce the arisen discordance in the judicial sentences and take a step towards the growth and development of this code of criminal procedure.
کلیدواژهها [English]
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