legal entity

Today, the criminal liability of legal entities is accepted in various legal systems. In the Iranian legal system, as a general rule, this responsibility has been accepted by the Islamic Penal Code. Some crimes are characterized by the fact that the legislator has adopted a differential criminal policy in dealing with them, and the approach of the Anti-Trafficking in Goods and Foreign Exchange Law in dealing with the crime of smuggling goods and foreign exchange is one of the examples of the crystallization of this differential policy. Is. This differential approach in responding to the delinquency of legal entities has also manifested itself. The Anti-Trafficking in Goods and Foreign Exchange Law, in addition to Articles 67 and 70, deals with the issue of criminal liability of legal persons in the crime of smuggling of goods and foreign exchange and the differential response to the crimes committed by them. Of course, the law on combating smuggling of goods and currency in this area has many ambiguities, the elimination of which is a necessity to achieve an effective criminal policy.

This paper tries to analyze the effects of recognizing the legal entity in conceptualizing “Riba” in the banking system. The results of the paper, which are derived based on an analytical-descriptive approach, show that when it comes to the issue of ownership, most of the Islamic scholars consider a legal entity just like a real entity. Hence, the legal entity is subject to all the rules that are related to ownership (like Riba prohibition). Accepting this view, will have some important effects in conceptualizing Riba in the banking system. Some of these effects are: Firstly, in all of the financial relations that the lending contract is formed between real entities or between real and legal entities, the lending happens from the Fiqhi view and hence Riba is available. Secondly, in all of the financial relations that the lending contract is formed between private legal entities or between private legal entities and governmental legal entities, Riba is existing. Thirdly, considering the financial relations between governmental legal entities, because of their unique ownership, the lending contract cannot be formed and hence Riba does not exist. Consequently, it is quite possible that one governmental legal entities (like central bank) transforms parts of its possessions to another governmental legal entities (like a national bank) and in future gets something more back. In other words, the relation is not Riba.