Criminal security agreements and judicial supervision of legal entities, Serious threat against

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Kazemi Seyyed Sajjad; Chegini Hamed

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Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2023 | Volume:87 | Issue:121 Page(s): 329-349

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Information Journal Paper

Title

Criminal security agreements and judicial supervision of legal entities, Serious threat against "guarantee of victims' rights"

Author(s)

Kazemi Seyyed Sajjad | Chegini Hamed | Issue Writer Certificate

Keywords

criminal order

criminal security

Judicial Supervision

Legal Entity

Prosecution

Abstract

According to Article 217 of the Criminal Procedure Code, one of the most important purposes of issuing criminal security contracts is to "guarantee the rights of the victim and compensate him / her for damages". However, according to the explicitness of Article 690 of the Code of Criminal Procedure, criminal security contracts for crimes of legal entities are limited to two, the use of which, unlike criminal security contracts of natural persons (Article 217), is not mandatory and "at the discretion" of the official. Judicial is assigned. In the present study, a descriptive-analytical method has been used, using library resources to critique and review criminal security agreements and Judicial Supervision of crimes of legal entities in order to guarantee the rights of victims. Legal appointments are not commensurate with the severity and extent of the crimes in which legal entities today engage and victimize large numbers of individuals, especially in the financial and economic spheres, and legislative reforms are in line with many countries. It provides for a variety of criminal security agreements for legal entities and has also allowed the use of other agreements, such as bail agreements. Also, in the field of Judicial Supervision, despite the legal ambiguity and of course against the opinion of some legal writers, it seems that some of the provisions of this contract can be used in relation to these persons in proportion to the crime committed by the legal person.

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