Contractual Justice Toward Corporate Crimes in Pre Trial Stage in Legal System of Iran and United States

Corporate crime as a new form of white-collar crime, has today become one of the challenges of the world's criminal justice systems. Therefore, consensual justice is a new criminal policy that is introduced by some legal systems for such crimes. In this article, with a descriptive-analytical method, we seek to find the answer to the question that in the corporate crimes, as long as the case has not been removed from the pre-trial process, to what extent consensual mechanisms have been recognized in the criminal justice system of Iran and the United States of America? The adopted model of each legal system in the matter of criminal prosecution is a decisive criterion that makes the answer to the question easier. Based on the research findings, in the legal system of the United States, principle of appropriateness of the criminal prosecution has been accepted as a rule, and this principle has also been emphasized under the document of the "principles of federal prosecution of business organization", and thus, in this regard, several consensual institution have been set in this law toward to the majority of corporate crimes. In Iran, based on principle of the necessity of criminal prosecution, some consensual institutions in the form of Alternatives to Criminal Prosecution have been accepted by the legislator in a narrow and limited way within the framework of the Criminal Procedure Law, which is necessary to solve the existing judicial and legal gaps in this regard according the criminal justice system of advanced countries.