نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
This study examines the necessity and implications of differentiated criminal procedure for legal entities in the criminal justice systems of Iran and the United States. It addresses whether traditional criminal procedural rules, which are primarily designed for natural persons with physical and psychological characteristics, can effectively deal with corporate and organizational crimes, and what consequences and challenges a differentiated model entails. The study adopts a descriptive-analytical method with a comparative approach. The findings indicate that the artificial, non-physical, and multi-layered nature of legal entities creates fundamental difficulties in applying conventional mechanisms of summons, arrest, notification of charges, preventive measures, and enforcement of penalties. Moreover, evidence in corporate crime is predominantly documentary, digital, and structural, requiring forensic accounting, data analysis, and an understanding of internal organizational decision-making processes. In the United States, compliance programs and consensual mechanisms, including Deferred Prosecution Agreements (DPAs) and Non-Prosecution Agreements (NPAs), have shifted criminal responses toward structural reform, prevention of reoffending, compensation, and protection of third parties. In Iran, despite the special provisions contained in Articles 688 to 696 of the 2013 Criminal Procedure Code, the effective implementation of differentiated procedure remains constrained by ambiguity in attributing organizational intent, potential conflicts of interest involving legal representatives, weak enforcement guarantees, and insufficient specialized expertise. The study concludes that differentiated procedure is not merely a preferable option but a necessity for effective corporate criminal justice. Legislative and institutional reform, localization of consensual prosecution mechanisms, specialized judicial processes, and systematic use of forensic accounting are required.
کلیدواژهها English