Attribution of criminal responsibility to legal persons and government entities مقاله

خلاصه ماشینی:

In the present article, brief references have been made to the jurisdiction and limits of authority of some courts of the judiciary (the Court of Administrative Justice and the courts handling the violations of government employees) in light of the Civil Code and the Civil Liability Law passed in 1339, and then the main subject, "Attribution of Criminal Responsibility to Legal Entities," has been addressed, placing the opinions of proponents and opponents under review. o} The theory of Dr. Hossein Safaei, professor at the University of Tehran and head of the Institute of Comparative Law: He says: A legal person consists of a group of individuals who have common interests and activities with a portion of assets dedicated to a specific purpose, and the law recognizes them as holders of rights and establishes an independent personality for them, such as the state, universities, municipalities, commercial companies, associations, and endowments. Jurists' Theory Regarding the Civil Liability of the State Some researchers have expressed opinions regarding the non-liability of the state, saying that whoever is the cause of the damage is also responsible for compensating it, and this is none other than the employee, because all the works and actions of a legal person are carried out by the employee or staff member who is a natural person. {o1o} The French Penal Code approved in 1992, which has been implemented since 1994, and also Article 121 of the aforementioned law, specify that legal persons, with the exception of the state, bear criminal responsibility for crimes committed by their organs or representatives.