In The Name Of God
Legal entities and the possibility of conviction to pay blood money or "Die" in Persian
By: Kioumars Sepehri
Introduction:
Legal entities are now one of the realities of the socio-legal life of the present age, just as they can be the source of important economic, social, and cultural services. Like other individuals, they may commit violations in their daily lives that are considered a crime or a crime. There is no doubt that the legal entity must compensate for its harmful actions, but there is much debate about the possibility of imposing punishment on the legal entity and the various theories, and finally due to the growing number of legal entities. And their influence on most aspects of community life However, once again, other facts related to these individuals are accepted by lawmakers. One of the most acute and widely used issues in today's Iranian law is the discussion of blood money and the possibility or impossibility of convicting legal entities (whether legal entities or public legal entities). Private law, which has unfortunately not been studied and researched, and while it is a very important and significant issue, both in terms of its economic aspects and effects, as well as in terms of social justice and judicial justice, it is hoped that this article will spark a direction. Move towards opening the way to justice and justice in this particular issue.
Topic:
Accidents and events that lead to death or disability or injury to individuals as one of the issues of socio-economic life of Iranian society and other developing and industrialized societies, in Iranian law, in addition to these damages are generally compensated by blood money, in the laws. The Islamic Penal Code in particular deals with blood money-related disputes in general over how to compensate for bodily harm or death of a casualty by a natural person, and in the case of legal or non-legal persons and very brief or inaccurate references, while the number of related cases Turn to incidents and incidents that one party to the case is legal entities The main increase, which decide it is more difficult for judges and lawyers. In particular, blood money is considered as one of the Islamic punishments and many of the penal regulations govern it, and although blood money lacks the nature of punishment in its true sense, on the other hand, in all these cases and incidents of conscience and common sense, the person is in arbitration. It does not accept, for example, that a legal manager must compensate for the loss, because he is often incapable of paying and must pay the practical penalty that the legal entity has earned, and seeks a solution for the proper administration of justice and, if possible, if possible. Condemnation of a legal entity to blood money, decision-making for the proper implementation of Ada It will be easier, so in this article we will first discuss the nature of blood money, then discuss the legal ways to prove the absence of obstacles to the punishment of legal entities to pay blood money, and discuss the economic and social effects and results.
Topic one:
The legal nature of blood money
There is a lot of discussion about the legal nature of blood money and it is even possible that the subject of a doctoral dissertation has been written, articles and writings have been written in this field, here the content of the publication is discussed.
The first part: the literal and idiomatic meaning of blood money:
Arabic term of "Blood money" is "Die" which is the singular form of "Diat" i.e blood moneys. Also the Arabic term of blood money i.e "Die" rooted from Arabic word "Vadi" which means to drive and reject. Vadi is the source and principle, but "V" has been removed and instead "e" has been added to the end and finally it has become "Die". The statement from Takmala Al-Minhaj added: "Blood money is money that must be paid in case of a crime against oneself or the members of the body or an injury." In his valuable book Blood money (which was a research project by him and his colleagues), Dr. Gorji writes that it is a financial blood money that is paid for by murder or a crime against the soul, or a member is the responsibility of the victim or his deputy, and must be prosecuted. He will perform. The term "reason" has been used for the blood money, and the intellect means to tie and tie a camel and also forbid it, and therefore the payers of the blood money for the bloody murder are called wise. The reason for this is that among the Arabs, when someone committed a murder, his family members provided camels, and they were brought to the house of the slain saints and tied up there. That is why it is said that by giving a camel, they tied the tongue of the victim's parents and prevented him from seeking blood. (1) Article 15 of the Islamic Penal Code defines blood money as: blood money is a financial measure determined by the Share for a crime. Article 294 of the same law, in addition to this definition, states: Blood money is financial, which is given to the insane or to the guardian or guardians due to the crime against the soul or the limb. These definitions are not complete, because the Share has not determined the blood money in all cases, and in some cases has assigned the determination of the amount of blood money to the ruler, which is called Arsh or government. On the other hand, it has silenced the damage to interests.
The second part is the blood money of punishment (punishment) or damages (compensation):
However, Article 12 of the Islamic Penal Code explicitly mentions blood money as one of the five types of punishment. In Articles 15 and 294 and some other articles, he mentions the word "criminal" in the case of a person in charge of blood money and the title and subject of the fourth book of the Islamic Penal Code. However, it has been acknowledged that by paying and paying blood money, it is clear that it does not correspond to the nature of the punishments. In summary, punishments are characterized by such characteristics as: the legitimacy of the punishments, the individuality of the punishment, intimidation, punishment, and resentment, remodeling, disgracefulness, certainty, the certainty of the punishment, but in the case of many blood moneys. There are no such goals and characteristics, because, for example, in the case of premeditated murder, which is punishable by retaliation, he can receive more than the prescribed blood money, or in some cases, the person must pay the blood money instead of the person himself, or the person. He can prove his worth and get rid of paying blood money for an indefinite period of time, or in some cases he can do it himself. The treasury pays the blood money to the rightful owner, or the amount of Arash and the government is not known in advance, or there are no signs of disgrace and suffering in the payment of the blood money, or even though the deadline for the payment of the blood money is determined. If the convict is unable to pay, he will be given an appropriate time limit (Article 303 of the Islamic Penal Code). One of the jurists (1) has compared the guarantee (in Islamic criminal law) and criminal responsibility with its legal meaning. He has raised interesting issues and believes that in Islamic criminal law, guarantee has a broader meaning than the concept of responsibility. There are many cases in which, according to the general principles governing criminal law and in terms of fulfillment of responsibilities in Islamic criminal law, responsibility cannot be considered fulfilled and the agent is considered responsible and forced to impose punishment on him, however, most cases are jurists. Realization of the guarantee and the agent is considered the guarantor, including the crime of sleeping, a person who in the world of sleep and at the same time involuntary and in the absence of intention and will, it causes bodily harm or loss of breath. None of the criminal justice systems is held responsible. However, in the Islamic criminal law system, according to most jurists, such a person is a guarantor and is responsible for paying the blood money for damages and casualties. Therefore, conceptual guarantee includes the concept of criminal responsibility. In Islamic criminal law, in some cases, such as quasi-intentional crimes, the criminal responsibility of Johnny or his criminal guarantee is the same, and these two concepts are compatible, that is, Johnny is held accountable from the point of view of criminal law. But the answer he has to give to this question is the payment of the property in the name of the insane person or his persons, but there are cases in which the person is not considered responsible in the true sense of the word from the point of view of criminal law. It is his responsibility to pay the other. On the other hand, if we consider the responsibility to be due to the violation of God's rights and public rights, we should refrain from violating private rights, and believe that in the cases of crimes of both sexes, there are cases of application of responsibility or its use with the application and directions. The use of the guarantee will be very different. The implication of his arguments is that in the case of the guarantee of what the guarantor must pay, punishment does not mean the term criminal law, but merely a kind of compensation for private losses. Because in most of these cases, the guarantor is from the point of view of the theory of criminal responsibility No one shall be held guilty of any penal offense on account of any act or omission which did not constitute a penal offense, under national or international law, at the time when the offense was committed. On the other hand, if we know that the punishment is a branch of responsibility, and only those responsible for Rami can be sentenced to legal penalties. In Islamic penal law, despite the fact that this is specified, the irresponsible persons or their wise men are considered as guarantors in certain cases and are obliged to pay financially in case of damage to their actions. These cases of punishment are not in the true sense, but a kind of compensation for repairing and repairing the damage done to the insane person or his people. (1) Some other jurists have considered the predominance of the criminal aspect of blood money and have likened it to a fine, and in defining blood money, he says: His legal deputy is taken: 1- In case of insanity against the insane person (or his legal deputy) and the perpetrator who is paid blood money instead of retribution. 2. If it is not possible to observe the similarity of the punishment with the crime. 3. In cases where the law rules for blood money. (1) Dr. Abolghasem Gorji, one of the great Islamic Jurists and Mujtahid Muslim, who has been researching and teaching in Islamic law for many years, writes about the compensation or punishment of blood money: It seems that blood money should be considered as compensation for damages and compensation, which has legal and financial aspects, not criminal and criminal punishment. Because the scholars of jurisprudence have used the term Arash for some types of blood money, it means compensation and compensation for damages. The blood money that is taken intentionally in cases of error and suspicion cannot have a criminal aspect because the act of committing a crime basically means specific and It is not a precise word, because in the crime of the element of recklessness and rape, there is the intention to harass and commit acts against the Sharia and the law. . Therefore, in such cases, the damage inflicted on someone's body or limb must be considered as a kind of damage to the body, which causes a legal guarantee, and it is just like the one who loses the property belonging to someone else due to domination. If the sharia has determined the amount of blood money in case of erroneous and quasi-intentional cases, in fact, it has determined the amount of damages, so it should be said that if someone harms or injures a person without the intention of killing or mutilating him, he should be able to do so. Damage caused. From verse 178 of Surah Al-Baqarah, "Forgiveness is forgiven for what is good for the good and the good is done with goodness", it is inferred that blood money is offered after the forgiveness of sins, because the one who is forgiven, his crime will be eliminated and money will be given as blood money. If we consider blood money as a kind of punishment or a financial fine, it will be in conflict with amnesty, because with amnesty, the crime has been eliminated, so blood money has the aspect of compensation, not punishment and punishment. (2) Also in And Mujtahid Muslim, who has been researching and teaching in Islamic law for many years, writes about the compensation or punishment of blood money: It seems that blood money should be considered as compensation for damages and compensation, which has legal and financial aspects, not criminal and criminal punishment. Because the scholars of jurisprudence have used the term Arash for some types of blood money, it means compensation and compensation for damages. The blood money that is taken intentionally in cases of error and suspicion cannot have a criminal aspect because the act of committing a crime basically means specific and It is not a precise word, because in the crime of the element of recklessness and rape, there is the intention to harass and commit acts against the Sharia and the law. Therefore, in such cases, the damage inflicted on someone's body or limb must be considered as a kind of damage to the body, which causes a legal guarantee, and it is just like the one who loses the property belonging to someone else due to domination. If the sharia has determined the amount of blood money in a case of erroneous and quasi-intentional cases, in fact, it has determined the amount of damages, so it should be said that if someone harms or injures a person without the intention of killing or mutilating him, he should be able to do so. Damage caused. From verse 178 of Surah Al-Baqarah, "Forgiveness is forgiven for what is good for the good and the good is done with goodness", it is inferred that blood money is offered after the forgiveness of sins, because the one who is forgiven, his crime will be eliminated and money will be given as blood money. If we consider blood money as a kind of punishment or a financial fine, it will be in conflict with amnesty, because with amnesty, the crime has been eliminated, so blood money has the aspect of compensation, not punishment and punishment. (2) Also in Fear of how a two-month-old creature may be separate, because blood money is a matter of credit, and the unity and multiplicity of its nature is made up of the mind and social media. (1) On the other hand, the payment of blood money is carried out in criminal form and in accordance with the principles of criminal procedure. If the blood money is not paid, the convict will be arrested. The amount of blood money in many cases, contrary to compensation, is specified. Its existence has been clarified, and the Supreme Court and the Judiciary's Legal Department have repeatedly confirmed that it was punishable. Based on what I have come to the conclusion that blood money has its own nature, it can be said with certainty that it is not a punishment or a punishment that has all its attributes, restrictions and conditions, nor compensation and civil punishment, but a special legal institution. Because the nature of the common value is all the same, (2) and the blood money in many cases cannot be applied to punishment and does not have the nature of punishment. Also, liability arising out of the obligation to pay blood money, if we consider it a pure punishment according to the principles of insurance and insurance, cannot be insured, because the punishment cannot be insured, while one of the most important issues is insured and paid daily. It seems that this is also a reason for having a special nature with the predominance of the damage aspect and the compensation of the blood money. Therefore, in practice, we must accept and act on this nature as it is. What follows is a summary of the jurists' theories about the nature of blood money, the mention of which prepares the mind to accept further discussions.
The second issue is the legal documents that have made it possible to convict a legal entity:
Article 15 of the Islamic Penal Code, which defines blood money, states that blood money is "financial" prescribed by the sharia for a crime. This definition is more realistic and accurate than the definition of the Islamic Penal Code of 1982, because Article 10 of the law defined blood money as a financial penalty imposed by the Sharia for a crime. Therefore, it can be said that the legislator's opinion is that there is a tendency for compensation and compensation for blood money. Article 294 of the Islamic Penal Code considers blood money to be "financial" which is given to the insane person or to his guardian or guardians due to a crime against himself or a member. Article 311 of the Islamic Penal Code explicitly considers blood money as damages. In some cases, the payment of blood money is the responsibility of the wise man (Article 306 of the Islamic Penal Code). The wise man is not a specific person and is generally a group of individuals (Article 307). Be, and the legislator has considered this institution responsible and has recognized it as a party to the right and duty (Article 314 of the same law). If a soul escapes in intention and suspicion that the blood money is in its own hands, the blood money will be taken from him, but if he does not have any property, it will be taken from his close relatives by observing Al-Aqrab Fallaqarb. We know that relatives are usually made up of a few people and are not individuals, and are generally "groups," so the legislature has made the group responsible. In some cases, the treasury is responsible for the treasury (Articles 312 and 313 of the Islamic Penal Code). The government is responsible for its administration, and it can be said that it is a legal entity (in its general sense) that has its own characteristics and is composed of various components (which are themselves legal entities). According to the note of Article 307 of the Islamic Penal Code with the guarantee of the current guarantee, The Contracting Party shall be liable to the other party's blood money, without any criminal basis for his liability, so this may be the criterion and shall apply to legal entities in accordance with the Articles of Association and the Convention. These persons may also assume such responsibilities. To take responsibility and there is no rational, logical or principled obstacle for it. According to the Islamic Penal Code, children and insane people are also responsible for blood money, just like civil liability, but they are responsible for compensating (paying blood money) for their property. In the Blood money book, the legislature mentions many damages to property and animals along with the loss of life, and provides similar provisions for it. This brings the full similarity of blood money to compensation, and in fact the legislature has considered it a civil liability, so what? If the legal entity accepts this responsibility and is held responsible, there is no legal impediment, it is important to whom the liability can be attributed. Article 696 of the Islamic Penal Code explicitly states that blood money is in the same category as property, loss and damage caused by a crime. He has been sentenced to the same denial or as property or the payment of a price or the payment of blood money and damages resulting from the crime, and from Execute the sentence refusing to execute the convict in case of the sale of the convict's property, except for the exceptions of the religion, or to detain the convict until the convict's rights are fulfilled. Note: If the convict is sentenced to imprisonment, the issuance of the sentence of imprisonment or payment will continue in the form of detention. While Article 139 of the Penal Code of 1983 did not mention anything about blood money, therefore, there is no doubt that there is a relatively large amount of evidence in the compilation of the loss-making side of the damage and the possibility of practical actions. Article 2 of the Law on the Execution of Financial Sentences, adopted in 1998, stipulates in a similar ruling that anyone sentenced to pay another person, whether in return for the same or a price or the like, or for offenses arising from a crime or blood money, shall not be paid by the court. He is obliged to pay the fine and if the money is available to him, it is confiscated and he is satisfied with the amount of the sentence from the confiscated property. Article 17 of the executive regulations of this law stipulates in detail the manner of execution of financial sentences: The obligation to pay financial penalties subject to Article 2 of the law requires the issuance of an executive order in accordance with the law on execution of civil sentences, except for convictions without filing a lawsuit. In this case, the order of the issuing authority is a requirement for payment. The Law on the Use of Weapons by Armed Forces Officers states in necessary cases approved on January 6, 1994 that armed officers who are authorized to use weapons and have acted in accordance with the relevant regulations and as a result of this shooting a person or persons killed, innocent or injured They have no responsibility, their respective organizations will be responsible, Article 13 of this law stipulates: If the officers use weapons in compliance with the provisions of this law, and consequently according to the opinions. The competent courts of the victim or innocent person have been injured or have suffered financial losses. Note: The provisions of this article shall also apply to those who have committed the above-mentioned acts before the adoption of this law. Article 1 of Article 41 of the Penal Code of the Armed Forces, approved on December 10, 2003, has a similar sentence. The text of this article is as follows: He is sentenced to three months to one year in prison. If he results in murder or injury, in addition to the above punishment, he is sentenced to retaliation or blood money, as the case may be, and if he is one of the examples of Articles 612 and 614 of the Islamic Penal Code approved on 2/3/75 He will be convicted. Note 1- If the shooting is carried out in accordance with the regulations, the perpetrator will be exempted from punishment and payment of blood money and damages, and if the victim or the injured person is not at fault and is innocent, the blood money will be paid from the treasury. Note 2: The regulations related to shooting and the method of payment of blood money and damages according to the law on the use of weapons by the officers of the Armed Forces shall be in the cases of necessity approved on 10/18/73 and the relevant regulations. The tone of Article 184 of the Labor Code is that with little negligence it can be said that the payment of blood money in cases where the violation is related to the legal person is the responsibility of the same person and not the managers and officials who are real persons because no mention of blood money as punishment and so on. Kelly points to damages, as if criminal liability for violations of labor law is limited to imprisonment and fines. The text of the article is as follows: "In all cases where violations by legal entities for example, the payment of the work done and the claim and damages must be paid from the property of the legal entity, but the criminal liability, including imprisonment, fine or both, is the responsibility of the managing director or the managing director of the legal entity where the violation was committed. "The punishment will be applied to the authorities." And the criteria of Articles 11 and 12 of the Civil Liability Law adopted in 1339 regarding the responsibility of the government and employers (many of whom are employers of legal entities) are significant in terms of the present discussion. Article 11 of the law states that government employees, municipalities, and their affiliates, who intentionally or unintentionally inflict damages on persons in connection with their duties, are personally liable for damages, but if the damages are not documented and are due to defects. These departments and institutions are the responsibility of the relevant department or institution in case of compensation, but in the case of government exercise, the government will not have to pay damages if the necessary measures are taken to ensure social benefits in accordance with the law. Article 12 stipulates that employers who are subject to the employment law are liable for damages incurred by administrative staff or their employees during or on the occasion of the performance of the work, unless it is established that all precautions required by the circumstances of the case do not apply. Or if these precautions were taken, it would still not be possible to prevent damage. Finally, one of the best laws that has recently been passed and will be very helpful in the current discussion, is the Law on the Rules for Paying Assistance or Subsidies to Individuals and Non-Governmental Institutions, which is the subject of Article 71 of the General Accounting Law of 1999. Official No. 15958-December 7, 1999) which, according to Article 3 of it, has explicitly issued a license to sentence legal entities and has removed any doubts and suspicions in this regard, as follows: According to the rulings issued by the judicial authorities, it is assigned to the executive bodies subject to this law. From the point of view of payment method and accounting for a definite cost, it is subject to the provisions of this law. This article should be considered the beginning of a great change in this field, and the legislator, after years of delay and lagging behind the social realities, has imposed such a sentence, adding that when the legislature allowed the legal entities to condemn public rights while the principle of freedom of action They have the power to exercise their sovereignty. In the first place, other legal entities can be sentenced to pay blood money in cases where their liability is fixed. In this case, Article 588 of the Commercial Code can be applied, which stipulates that a legal entity may have all the rights and obligations that the law grants to individuals, except for the rights and duties that only human beings may naturally have, such as the duties of abbot, benot. And the like. And as a final point, it would be helpful to mention that the legislature In recent years, he has admitted to committing a crime by legal entities and in many cases has explicitly considered them punishable, although in some laws he has not accepted the presumption of punishment for the offending legal entity, thus, for example, when a legal entity can be fined There is an obstacle to convicting him of paying blood money, while from a qualitative point of view, if we consider blood money as punishment, it is certainly never the nature of punishment like a fine, and it can be said that it is a milder degree than that, so the legal person must be able to do so in the first place. He condemned the payment. Among the laws that have made legal persons punishable is: One of the Government Penalties Law passed in 1988, which, according to Article 12, explicitly accepts the criminal liability of legal entities for the distribution of goods contrary to the provisions. Another law is the requirement for road transport companies and institutions to use the passenger status form and the bill of lading approved in 1989, which, according to Article 6, provides for a cash and closed penalty for the institution. Also, Article 10 of the Law on Amendments to the Laws and Regulations of the Iranian Institute of Standards and Industrial Research, approved in 1992, provides for the same punishment for natural and legal persons for cheating students and scales. However, some of the laws that make it a crime for a legal entity to be considered punishable only by its directors and officials, such as the Trade Union Military Law (passed in 1980) or the Social Security Act (Article). 109) Approved in 1354. Another point is that in some cases where legal entities are responsible, both in cases related to work-related accidents and otherwise, in terms of nature, the issue is not compatible with their loss or denial in Islamic Penal Code, but in In any case, the legislature has set compensation in the form of blood money, while it is not one of the cases for which blood money has been considered in terms of Islamic penal law, and in principle it is a kind of pure compensation that can be considered as blood money. Judicial procedure regarding the conviction of legal entities to pay blood money to its acceptance, so that as one of the branches of the Supreme Court, for example, a final verdict related to the conviction of the head of the office who was responsible for building facilities and due to the collapse of the wall Either they have been harmed, they have violated the law, and the trial court has sentenced the relevant organization to pay blood money, or some courts of public appeal have sentenced many employers to legal entities in terms of fines, but the legal entity itself has been prosecuted. The tail has been sentenced to pay blood money, which is an example Its contents are available and its correction will cause the contents to be closed. It may also be interesting to note that excuses such as the inability to obtain a criminal conviction, the impossibility of obtaining a final defense, the indictment, and the like مان cannot prevent a legal entity from being convicted of a crime for which it is actually liable. In other words, these cases are not applicable and applicable, while in the case of a legal person, they can even be enforced. Finally, it is important to note that what has been said, however, is to facilitate the flow of affairs and to help economic and employment-generating activities, and it is the duty of lawyers to provide legal solutions and interpretations that do not violate anyone's rights. And adapt the rules to real justice and the needs of the day. Otherwise, the dry and soulless interpretation and stopping at the appearance of the words of the law of art is not effective for the society, so it is hoped that it will be open and responsible for presenting useful solutions. Experience, continue and complete the discussion. The last point is that many aspects of the current debate are broad and far-reaching, but to a minimum, I hope it will not be challenged.
Sources:
Dr. Abolghasem Gorji, Diat. Tehran University Press - 2001 Page 15
Dr. Jalil Omidi - Summary of the dissertation entitled Causes of Criminal Guarantee in Islamic Law, Postgraduate Course in Criminal Law and Criminology, University of Tehran, quoted by the Journal of the Faculty of Law and Political Science. No. 29, October 1993
Dr. Mohammad Jafar Jafari Langroudi. Law Terminology - Ganj-e-Danesh Publications - 1984, page 322
Dr. Nasser Katozian - Civil Responsibility Page 66 onwards - Dehkhoda Publications 1983
Dr. Mohammad Jafar Jafari Langroudi - The Art of Argumentation - Page 66 - Ganj Danesh Publications in 2003 Page 66 onwards