Feasibility study on assigning Hadd crimes to legal persons

Document Type : Original Article

Authors

1 Facaulty Member of Tehran University

2 Faculty Member of Islamic Azad University

Abstract

Based on article 143 of Islamic Punishment Law (2013), if committed crimes by legal persons’ representatives are in name or benefit of such persons, penal responsibility should be considered. Article 14 of law has admired conviction of legal persons to pay blood-money and compensation by causality relationship between behavior and posed damages. However, whether Hadd crimes committed by legal person’s representatives can be designated to such legal person, is the greatest challenge of article on assigning crime to legal persons. Argument by article 143, and the special nature and features of Hadd crimes, has yielded to disputes among jurists. Some believe assigning Hadd crimes to legal persons is absolutely unacceptable while others emphasize on unconditioned possibility of committing Hadd crimes by legal persons based on arguments of this article. Reviewing existing opinions, present paper aims at selecting a moderate solution compatible to legal persons’ nature and features of Hadd crimes.

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