Challenges in Preliminary Investigation Regarding Crimes by Legal Persons

Although the Islamic Penal Code (enacted in 2013) has clearly recognized criminal liability for legal persons, only nine articles have been adopted in the Criminal Procedure Code (enacted in 2015) to investigate these crimes. Since, for many years, criminal responsibility for legal persons was not adopted in Iran’s Law (except for some few cases), it was not a big challenge to deal with these crimes. After recognition of criminal liability for legal persons in the Islamic Penal Code, many challenges will arise from a formal perspective in conducting preliminary investigations into the allegations against them; given that legal persons are abstract in meaning and considering the fact that provisions adopted in the Criminal Procedure Code are essentially natural person-oriented. Presumably, these Challenges may include how to summon and prosecute a legal person, voluntary annulment of a legal person during preliminary investigations, issuance of judicial orders, and using certain favorable institutions such as filing a lawsuit or suspension of prosecution. The present study tries to analyze challenges through analytic-descriptive method and introduce recommendations to deal with them. These recommendations may include: Specifying suitable legal sanctions when legal person’s representative ignores presence in court; making judicial orders compelling; and consideration of legal sanctions to prevent violation of these orders.