خلاصة:
Corporate crimes, as a modern form of white-collar crimes, have become one of the significant challenges for criminal justice systems worldwide. In the Iranian legal system, the approach towards these crimes involves the use of traditional sentencing principles such as individualization of punishment, personal liability, and proportionality between crime and punishment. However, due to the insufficient familiarity of the Iranian legal framework with the concept of corporate crime and its consequences, the application of modern sentencing principles has received little attention. As a result, the pursuit and punishment of corporate offenders are largely based on traditional sentencing principles. This paper, through an analytical and descriptive approach and by utilizing library resources, examines corporate crimes within the context of traditional punishment principles. The analysis indicates that traditional principles governing crime and punishment fail to provide adequate guidance for legislators during the law-making process. Therefore, legislators need modern principles to guide policy-making in this domain. The incorporation of modern sentencing principles into laws not only better serves societal interests and enhances security in economic matters but also paves the way to prevent widespread harm to the public and ease the burden on the judicial system.
ملخص الجهاز:
238 Scientific Journal of Judicial Law Perspectives (Volume 29, Number 107, Autumn 2024) the punishment of corporate crimes is compatible with traditional principles of punishment and the objectives of punishment, but to provide logical justification and proportionality, other reasons that are consistent with the status of these persons should also be presented; these new principles of punishment, which can better and more accurately justify the foundations of imposing punishment regarding corporate crimes, include: rational principles overseeing punishment, such as the prohibition of double jeopardy, the principle of necessity, the principle of justice, the principle of efficiency and effectiveness; crime-recognition principles such as the principle of deterrence, preventing white-collar criminals from going unpunished, and preventing widespread victimization of individuals in society; and society-oriented principles and foundations, such as social benefit and the protection of the rights of third parties.
Therefore, it seems necessary to determine appropriate criminal guarantees and modern methods that can provide compensation for the victims of corporate crimes and repair the damages caused to them as much as possible (Nikomanzari, 2024: 123); for example, one can refer to the Debsh tea financial corruption case, which, due to the lack of supervision and proper implementation of laws or the absence of necessary and Principles Governing the Sentencing of Corporate Crimes in the Iranian Legal System (Nikomanzari et al.
The legislator must pay attention to this important matter when determining punishment, but given the characteristics of corporate crime, which is sometimes in the form of a legal entity, implementing the principle of individualization usually faces difficulties during the sentencing stage.
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