نقش اشخاص حقوقی حقوق عمومی در فرایند دادرسی کیفری: از کنشگر منفعل تا کنشگر فعال | ||
| فصلنامه تحقیقات حقوقی | ||
| مقاله 7، دوره 28، شماره 4 - شماره پیاپی 112، آذر 1404، صفحه 107-124 اصل مقاله (655.63 K) | ||
| نوع مقاله: مقاله پژوهشی | ||
| شناسه دیجیتال (DOI): 10.48308/jlr.2025.238804.2853 | ||
| نویسندگان | ||
| جعفر کوشا1؛ اکبر خدابنده لو* 2 | ||
| 1دانشیار، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران | ||
| 2دانشجوی دکتری، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران (نویسنده مسئول) a_khodabandeloo@sbu.ac.ir | ||
| چکیده | ||
| یکی از موضوعاتی که درخصوص اشخاص حقوقی حقوق عمومی در فرایند دادرسی کیفری مطرح میشود، سِمتی است که به این اشخاص در فرایند کیفری داده میشود. بهطور معمول این اشخاص ممکن است دارای دو سمت متفاوت در فرایند کیفری شوند که عبارتاند از اعلامکننده و شاکی. اعلامکننده دارای نقش منفعل در فرایند کیفری است، ولی شاکی نقش فعال دارد که ازجمله میتواند به آرای صادره اعتراض، و ضرر و زیان وارده را مطالبه کند و در جلسات رسیدگی حضور داشته باشد. در این مقاله با مطالعه کتابخانهای و با روش توصیفی- تحلیلی به بررسی سِمت اشخاص حقوقی حقوق عمومی در فرایند کیفری و آثار هریک از سمتها در این فرایند پرداخته شده است. حاصل این پژوهش این است که اشخاص حقوقی حقوق عمومی واجد سمت شاکی در فرایند کیفریاند و بر همین اساس تکالیف شاکی از قبیل لزوم پرداخت هزینه دادرسی و همچنین حقوق شاکی ازجمله حق مطالبه ضرر و زیان و حق اعتراض به آرا را دارند | ||
تازه های تحقیق | ||
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| کلیدواژهها | ||
| اشخاص حقوقی حقوق عمومی؛ شاکی؛ اعلامکننده جرم؛ کنشگر فعال؛ کنشگر منفعل | ||
| عنوان مقاله [English] | ||
| The Role of Public Law Legal Entities in the Criminal Process: from Passive to Active Actors | ||
| نویسندگان [English] | ||
| jafar koosha1؛ اکبر khodabandehlo2 | ||
| 1Associate Professor, Faculty of Law, Shahid Beheshti University, Tehran, Iran. | ||
| 2Ph.D Candidate, Faculty of Law, Shahid Beheshti University, Tehran, Iran Corresponding Author Email: a_khodabandeloo@sbu.ac.ir | ||
| چکیده [English] | ||
| Abstract Introduction Legal entities are generally divided into private law legal entities and public law legal entities, and there are differences between them, including the difference in goals, which include the fact that private law legal entities are formed to secure the interests of a limited number of individuals, while public law legal entities are formed to protect and secure public and general interests and meet the needs of the people. One of the issues raised regarding public law legal entities is the legal position of these persons in cases where a crime is committed against them. Regarding cases where a crime is committed against a public law legal entity, two cases may arise. The first case is where direct damage has been caused to the public law legal entity, such as property belonging to the said person being stolen or destroyed. The second case is related to the place where the crime is committed against the subjects whose protection and provision are among the duties of the legal entity, for example, protecting the environment is one of the duties of the Environmental Protection Agency. If a crime such as environmental pollution is committed, this crime has been committed against an issue that the Environmental Protection Agency is responsible for protecting. Methods In this article, using a descriptive-analytical method, while examining Acts, regulations, legal opinions, and judicial practice, we seek to answer these questions: What is the position of public law legal entities in cases where a crime is committed against them? Do they have the position of declaring a crime or do they have the position of plaintiff? What are the effects of each of the positions? And specifically, we seek to answer the question: Do public law legal entities have the right to declare forgiveness for crimes committed against them? Accordingly, we will first examine the legal position of public law legal entities in crimes committed against them, and then we will examine the effects of each position. Results and Discussions In cases where a crime committed against a public law legal entity has caused direct harm to the public law legal entity, there is no doubt that these persons are considered plaintiffs in terms of causing direct harm to them. Where a crime is committed against objects whose protection are among the duties of the legal entity, there is doubt that the public law legal entity is considered plaintiff. In this case, it should be stated that public law legal entities are providers of public services, and these services are provided to meet the needs and provide public benefits, and accordingly, some crimes may occur that disrupt the process of providing services. Accordingly, crimes against the duties of public law legal entities are among the crimes whose victims are members of society, and it cannot be said that these crimes do not have victims, but rather these crimes are among the crimes without direct victims, and since all members of society are considered victims, the public law legal entity, which has the duty to protect and provide that object, is considered plaintiff on behalf of members of society and proceeds to pursue a criminal case as plaintiff. In Some Acts explicitly refer to the plaintiffs being public law legal entities, such as Articles 36 and 37 of the Central Bank Act and Note 4 of Article 1 of the Unorganized Monetary Market Regulation Act regarding the Central Bank being considered as plaintiffs, which in these Acts stipulate that public law legal entities are considered as plaintiffs. In some acts, the legislator, in addition to considering legal entities under public law as plaintiffs, has considered the officers of that legal entity as bailiffs. For example, in Note 2 of section 11 of the Clean Air Law, the Environmental Protection Organization is considered a plaintiff, and Note 1 of Article 32 of the aforementioned law considers the officers of the organization as bailiffs. Considering that the legislator has explicitly referred to legal entities as plaintiff in some specific laws or has specified matters such as exemption from paying court fees, which are considered to be the rights of the plaintiff, it seems that by clarifying the scope of these cases, public law legal entities can be considered as plaintiff in the criminal trial process. Therefore, public law legal entities are considered plaintiffs in the criminal proceedings. Given that public law legal entities are considered plaintiff, they have the rights and duties of a plaintiff in the criminal proceedings. Among the duties of public law legal entities in the criminal proceedings as plaintiff is the need to pay the cost of Proceedings, which in the current laws, the principle is that these persons must pay the cost of Proceedings, unless the legislator has made an exception. Given that these persons are considered plaintiff, the decisions issued by the prosecutor's office and criminal courts must be communicated to them and they have the right to object to the decisions. These individuals have the right to present evidence to prove the subject of their complaint. public law legal entities expected to secure the interests they are responsible for securing and protecting, and in the event of full exercise of the relevant rights, they can declare a voluntary dismissal of the complaint submitted, and they can even waive filing of a complaint in the event of full exercise of the rights before filing a complaint, and in the event of unforgivable crimes, while declaring the occurrence of a crime, they can waive the filing of a criminal case as a plaintiff. Conclusion In Iranian law, considering the Acts that refer to public law legal entities as plaintiffs and considering the existential philosophy of these entities, which is to provide public service, it can be assumed that public law legal entities have the position of plaintiff. they have the rights of plaintiffs, such as the right to complain, the right to present evidence, and the right to object to judicial decisions. In the event that the interests and rights of the public law legal entity are fully satisfied, these individuals have the right to declare a waiver of the criminal complaint. | ||
| کلیدواژهها [English] | ||
| public law legal entities, plaintiff, declarant, passive actor, active actor | ||
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