ATTRIBUTION OF CRIMINAL LIABILITY TO THE LEGAL ENTITIES IN IRAN AND THE UK CRIMINAL SYSTEM

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SHARIFI MOHSEN; HABIBZADEH MUHAMMAD JAFAR; ISAEI TAFRESHI MUHAMMAD; FARAJIHA MUHAMMAD

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Journal: CRIMINAL LAW DOCTRINES Year:2014 | Volume:- | Issue:6 Page(s): 57-88

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Information Journal Paper

Title

ATTRIBUTION OF CRIMINAL LIABILITY TO THE LEGAL ENTITIES IN IRAN AND THE UK CRIMINAL SYSTEM

Author(s)

SHARIFI MOHSEN | HABIBZADEH MUHAMMAD JAFAR | ISAEI TAFRESHI MUHAMMAD | FARAJIHA MUHAMMAD | Issue Writer Certificate

Keywords

LEGAL ENTITYQ2

CRIMEQ2

INTENT AND VOLITIONQ2

INDIRECT RESPONSIBILITYQ2

DIRECT RESPONSIBILITYQ2

Abstract

Inadequacy of administrative and civil sanctions in curbing risky activities of legal entities has made the legal systems such as of Britain -from 19th century- and recently Iran 1-2-1392- to recognize their criminal liability based on the reasons such as the nature of criminology, similarity of the principles of civil responsibility and criminal liability of these persons, more précising of the members in selection of directors, the difficulty of identifying the individuals who are guilty. But this liability is with this main question that what is the criterion of attributing a CRIME to a LEGAL ENTITY? How can the fact of fault be attributed to a fictitious thing? Legal doctrines regarding the qualification of the attributing of a CRIME a LEGAL ENTITY are not agreed on a single model. Some of these models, such as vicarious liability, consider the INDIRECT RESPONSIBILITY for LEGAL ENTITY by resorting to the principle of representation. In contrast, some other models, such as the doctrine of assimilation and the doctrine of policy of the LEGAL ENTITY, consider this entity as a direct responsible for. Answering the mentioned questions and examine the approach of these two systems, this paper is based on the premise that that model of responsibility is more appropriate which founded on the systematic failure.

Cites

CRIMINAL RESPONSIBILITY FOR LEGAL PERSONS IN SETTLEMENT PERIOD

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APA: Copy

SHARIFI, MOHSEN, HABIBZADEH, MUHAMMAD JAFAR, ISAEI TAFRESHI, MUHAMMAD, & FARAJIHA, MUHAMMAD. (2014). ATTRIBUTION OF CRIMINAL LIABILITY TO THE LEGAL ENTITIES IN IRAN AND THE UK CRIMINAL SYSTEM. CRIMINAL LAW DOCTRINES, -(6), 57-88. SID. https://sid.ir/paper/216071/en

Vancouver: Copy

SHARIFI MOHSEN, HABIBZADEH MUHAMMAD JAFAR, ISAEI TAFRESHI MUHAMMAD, FARAJIHA MUHAMMAD. ATTRIBUTION OF CRIMINAL LIABILITY TO THE LEGAL ENTITIES IN IRAN AND THE UK CRIMINAL SYSTEM. CRIMINAL LAW DOCTRINES[Internet]. 2014;-(6):57-88. Available from: https://sid.ir/paper/216071/en

IEEE: Copy

MOHSEN SHARIFI, MUHAMMAD JAFAR HABIBZADEH, MUHAMMAD ISAEI TAFRESHI, and MUHAMMAD FARAJIHA, “ATTRIBUTION OF CRIMINAL LIABILITY TO THE LEGAL ENTITIES IN IRAN AND THE UK CRIMINAL SYSTEM,” CRIMINAL LAW DOCTRINES, vol. -, no. 6, pp. 57–88, 2014, [Online]. Available: https://sid.ir/paper/216071/en

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