Sentence Enforcement Postponement of and Penalty Suspension in Legal Entities

Abstract

The sentence enforcement postponement is a new law derived from the French legal system without any history in Iranian law prior to it; and the penalty suspension has been initially considered in new Islamic Penal Code (IPC) (passed in 2013) and its correlation seems interesting with legal entity who has criminal responsibility in this law for the first time. Therefore, we should find whether the postponement or suspension is suitable for legal entities according to two important hypotheses? The legal entity is created from society, association and solidarity of individuals or real people. However, the legislator considers all conditions in Article 40 of postponement, and thus he does not consider any postponement or suspension for legal entity, but in the case of considering the criminal responsibility for legal entity like a real person as an individual, we can argue that he can have a variety of states and situations like a human being and do the right or wrong deed in society. When the legislator gives him life and considers responsibility for him, the legal entity will be included in postponement or suspension according to law and descriptions because when the legislator creates the criminal responsibility for legal entity, we should consider the criminal responsibility components for him.

DOI: 10.5901/mjss.2016.v7n51p119