جستجوی مقالات مرتبط با کلیدواژه « legal persons » در نشریات گروه « علوم سیاسی »

After many years of disagreements between lawyers and the existence of scattered materials in various laws on criminal liability of legal entities, the adoption of the Computer Crimes Law of 2009 and the Islamic Penal Code of 1392, the end point of these disputes and the identification of criminal liability of legal entities despite the existence There were flaws and ambiguities. In different countries, including the United States, there have been similar disagreements about the criminal liability of a legal entity. The Islamic Penal Code of 2013 provides for punishments commensurate with the nature of the legal person and for its implementation, which include the main, supplementary, subordinate and aggravated punishments, each of which has its types. This article tries to discuss the types of punishment of legal persons in the Islamic Penal Code of 2013 and American law (federal law) and its objections, including the inclusion and non-applicability of paragraphs 25 and 26 of the Islamic Penal Code to legal entities. Be examined.

One of the basic issues in criminal law is criminal liability, which has always been one of the critical concerns of any criminal justice systems in order to ensure justice and maintain order in society. With constant development of international economic transactions, criminal responsibility provided the ground for entry of some new factors in the field of criminal law. One of the most important cases was the activities of legal persons, and the crimes committed by these persons which obliged the legislators to take the necessary measure to respond the criminal offences. Although there are still many ambiguities regarding the responsibility of legal persons; but the question still remains open that which criminal justice system recognized the criminal liability of legal persons for the first time, which became the basis for the development of other criminal justice systems to further work on the criminal offences of the legal persons. Using the analytical-descriptive methodology, besides answering this question, this research will also scrutinize the evolution of regulating the criminal liability of legal persons and also how this concept was introduced to the criminal literature of Iran, Afghanistan and England? It seems that the criminalization begins with the violation of a social value. The same hypothesis is true for legal persons. i.e., it was the companies that committed crimes for their interests, and as a consequence, the legislators regulated the criminal liabilities for legal persons in order to prevent crimes and to punish the perpetrators. As the evidences indicate, certain behaviors of the legal persons are criminalized in English Penal System for the first time, later adopted by Iran and finally to Afghanistan's penal law.

Applying promotion and protection measures to foreign investors requires an in depth understanding of the concept. One of the particular privileges is the right to have an access to the ICISID Arbitration Center in which entitles an investor to bring a claim against the host state. In order to avoiding of the treaty shopping and other fraudulent actions, it is fundamentally necessary to recognize the investors based on a real criteria. The main question is on what basis we should define a foreign investor. Residential factor alongside with nationality for natural persons and the place of control for legal entities should be considered. Regards to "Foreign Investors Promotion and Protection act 2002 (FIPPA)" it also should be noted that the criterion of the foreign origin of the capital cannot be effective anymore. In harmony with international investment law, there should be another criterion instead of considering just foreign origin of the capital in attempt to make an obstacle for Iranian nationals who take the advantage of this act by using a fake foreign nationality and flowing a capital with an internal origin, and also, it seems to be advantageous to achieve a unification in definition of investors in FIPPA act and other bilateral investment treaties.