Ability to attribute crimes to legal entities from the point of view of the general theory of proportionality

Proportionality, as a fundamental rule, seeks to converge in the old disputes of criminal law, which puts an end to disagreements and raises the need to tailor a legitimate judicial decision based on the objective and subjective facts in the case. One of the main topics of the theory of proportionality is the proportionality of criminal liability of legal entities; The Iranian legislature has taken positive steps to eliminate the existing legal gaps in rereading the criminal liability conditions of legal entities in the Islamic Penal Code adopted in 2013. However, according to the legal conditions governing the commission of crimes of this group of criminals, and especially the type of crime, the type of crime and the type of punishment, they are far from the facts of criminal responsibility, and the findings of this article indicate that the legislature in some cases It has been foreign and in a few cases there has been an attempt to implicitly and incompletely use the proportionality of the criminal responsibility of these persons. Therefore, in this article, we will examine the appropriateness of one of the legal conditions of criminal responsibility (type of commission, type of crime and punishment) of these persons in an analytical-descriptive method.