Reduction of Penalties for Legal Entities in the Criminal Law of Iran and Afghanistan in Light of Judicial Determination of Punishment

Abstract

Legal entities, as one of the fundamental players in the realm of criminal justice, do not have a long history and have only attracted the attention of legislators in recent centuries. Given that these entities may, in the course of their activities, engage in a series of criminal behaviors, legislators consider these cases in criminalization and sentencing, taking into account the unique characteristics and other features of legal entities, and allow judges some discretion in sentencing. Thus, in certain cases, legal entities benefit from certain attributes or eligibility that allow for leniency, including mechanisms such as penalty reduction. Determining the circumstances under which these entities are eligible for reduced penalties, identifying the types of reductions, and assessing the resulting implications are topics worth exploring. This study addresses these questions through a descriptive-analytical method and library-based data, defining penalty reduction as a judgment for the minimum prescribed penalty, which can be categorized into degree reduction and specific reduction. When penalty reduction is applied to those committing criminal behavior, various effects can be expected, such as considering the offender's conditions, creating an environment for rehabilitation, and more.