Liability of the intermediary in criminal business regulations

Document Type : Original Article

Author
Assistant Professor, Department of Law, Payamenoor University(pnu), P.O.Box19395-4697. Tehran. Iran.
Abstract
The main assumption in criminal law is that everyone is responsible for their own actions. However, in exceptional cases, the legislator has accepted the vicarious nature of criminal liability, which is referred to as intermediary agency. One of these cases is the liability of the employer in business crimes. The present article uses a descriptive-analytical method to examine the legislator's approach to this type of criminal liability. The results and findings indicate that despite the general belief that crimes in this area occur completely randomly and are unavoidable as an accident and occurrence, But from the perspective of modern criminal law, "failure in supervision and care" is the cause of many of these incidents. The increase in the number of business crime cases is in fact a sign of society's departure from the path of rationality, the instability of morality and law in society, and the inability of the criminal justice system to control these crimes. And it must be acknowledged that strategies and mechanisms such as the rule of a culture of caution in society are effective in combating these crimes.
Keywords

  • Receive Date 08 February 2025
  • Revise Date 20 February 2025
  • Accept Date 05 March 2025
  • First Publish Date 20 March 2025
  • Publish Date 20 March 2025