The Criminal liability in the abstract sense and Territory of its sovereignty over the conduct of a legal person (From theoretical analysis to judicial reaction)

The emergence of legal entities as one of the social actors challenged human relations, in the most obvious example of which was the possibility or impossibility of the dominance of criminal law in their criminal response. Social necessities led to criminal policy in the Islamic Penal Code of 1392, with the impact of new concepts in the field of abstract criminal responsibility and rational discourse of responding to crime, with the transition to the case of past pragmatism, which is often the approach of criminalization (not criminalization) is the behavior of responsible persons. Identify and explain general criminal law of legal entities. Judicial practice in response to recent legislative developments, has continued to operate under the influence of the traditional model of criminal liability of the legal entity, the "longitudinal model" and the existing legislative capacity to implement the "cross-parallel" model of criminal liability between the two. The main question in this regard is that in the new approach, the legislator has been influenced by which of the theoretical foundations of legalization of legal entities? The "thinking brain" theory seems to have dealt with transversal criminal liability and the "superior liability" or "employer liability" theory with longitudinal liability, so that the first theory in discretionary punishment crimes and the recent theory in blood money have been considered by the legislator. Accordingly, since the current interpretation of the judiciary is not in line with these theories, it has not led to the opinion of the legislature.