TITLE:
Differential Analysis of Judicial Proceedings of Crime for Legal Entities
AUTHORS:
Hassan Ali Moazenzadegan, Behrouz Beigizadeh
KEYWORDS:
Differentiation in the Proceedings, Criminal Responsibility, Procedure Act, Legal Entities
JOURNAL NAME:
Open Journal of Political Science,
Vol.7 No.2,
April
14,
2017
ABSTRACT: With an increased number of legal entities, so close competitions were between them and in order to achieve more benefits and stay ahead of competitors, each may fulfill his purpose by any means and in this way, they may not hesitate to even commit illegal and also criminal activities. Gradually, with the maturing of civil claims in relation to legal entities, their criminal responsibility has been discussed. Given that many punishments as well as judicial proceedings of crime which are applicable for individuals are not relevant to legal entities, a form of distinction in proceeding of the crimes of legal entities comes into existence. Differential of the methods of proceedings crimes of legal entities in considering principles of governance in legal entities criminal proceedings is justified by establishing the governance of utilitarian proceedings, dependency of the presumption of innocence, indictment and specialization in judgment. On the other hand, limitation of guarantees of proceedings in criminal proceedings of legal entities due to increase in the period under supervision, lawyer intervention limits in preliminary investigation and territorial expansion, preventive detention, is applicable.