A reflection on the theoretical foundations of criminal liability of political parties with a comparative approach

Political parties have a unique position in democratic systems and their social and organizational functions are irreplaceable. But this unique position does not mean that they do not need supervision. This is why different political systems monitor the activities of parties in different ways. Considering the influence that parties can have on the political, social, administrative and economic life of countries, one of these supervisions is criminal supervision. In this regard, the present study seeks to answer the question of how and to what extent political parties can be subject to criminal sentences.

This research has been done with a descriptive-analytical approach, by studying books, authentic articles and checking the current laws and regulations of Iran and some countries.

What has been discussed in this research is the investigation of the theoretical foundations of the criminal liability of political parties and its purpose is to explain the intellectual foundations of this matter in order to act as a light for the criminal legislator. Looking at the practice of other countries in this regard and their cautious performance in recognizing or not recognizing criminal liability for parties, as well as evaluating the capacity of Article 20 of the Islamic Penal Code approved in 2013 in managing the matter, confirms the necessity that the Iranian legislator in response to The meaning of extension or non-extension of criminal responsibility towards political parties should be studied more deeply and not be satisfied with the current Article 20 of the Islamic Penal Code.