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Paper Information

Journal:   REVUE DE RECHERCHE JURIDIQUE   WINTER 2012 , Volume - , Number 56; Page(s) 371 To 408.
 
Paper: 

THE LIABILITY OF LEGAL PERSONS FOR ECONOMIC AND/OR ORGANIZED CRIMES: NEW NATIONAL AND INTERNATIONAL APPROACHES

 
 
Author(s):  YOUSSEFIAN SHOREHDELI BEHNAM*
 
* 
 
Abstract: 

Whereas the fight against economic and/or organized criminality is among the first priorities of the international community, and while of researchers crime all over the globe try to find the most effective means for controlling such criminality, there is particularly a new and large consensus about the necessity of holding legal persons accountable for offences in this area. According to the UN Convention against Corruption of which Iran is a State Party, the Islamic Republic has an international obligation to establish the liability of legal persons for offences under the Convention. If implemented, through diminishing the chances of corruption and related crimes, the relevant provisions would have positive impacts for upholding the Rule of Law. Nevertheless, it has to be admitted that in the current situation, leaving aside the provisions of the new Law on Cyber Crimes (2009) which recognizes the criminal liability of legal persons for certain cyber offences the Iranian legal system, as opposed to many other national legal systems including that of France, has little capacity to prevent transgressions undermining the country's vital economic and social interests committed by or through legal persons. Inevitably, to rectify this shortcoming, appropriate measures must be taken; legal persons should be held directly accountable for offences made possible because of deficiencies in their internal control and supervision systems or due to management failures to exercise due diligence, as well as for offences committed on their account by their organs and/or representatives. The law should provide for effective, proportionate and deterrent sanctions (including fines as well as non-financial sanctions) in all the cases involving corporate crime, regardless of whether the crime is committed in cyberspace or otherwise. Meanwhile, we observe that any reforms should be carefully designed the adoption of models such as that used to establish corporate liability in the United States is considered too harsh and, hence, inappropriate. Similarly, in order for an effective law enforcement to be possible, revising the criminal procedure in order to adopt it to the requirements of prosecuting legal persons should be considered as yet another necessity.

 
Keyword(s): LEGAL PERSONS, CORPORATE LIABILITY, CRIMINAL LIABILITY, ECONOMIC CRIME, ORGANIZED CRIME
 
References: 
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  Persian Abstract Yearly Visit 78
 
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