Judicial Determination of Punishment in Light of the Changing Status of Legal Persons in the Legal Systems of Afghanistan and Iran

Abstract

The judicial determination of punishment for legal persons in the legal systems of Afghanistan and Iran is a complex and multifaceted issue that, especially in the context of changes in the status of these entities, assumes new dimensions. Legal persons, as independent legal entities, bear responsibilities under the law and, in certain cases, may be subjected to punishments proportionate to their violations. This study analyzes the relationship between the changing status of legal persons and the imposition of punishments in the two legal systems of Afghanistan and Iran. Changes in the status of legal persons may include dissolution, bankruptcy, managerial restructuring, or transfer of ownership. Each of these changes can have significant implications for the legal responsibilities and punishments imposed on these entities. In the Iranian legal system, relevant laws and regulations provide specific frameworks for determining punishments; however, due to existing deficiencies, there is a need for review and reform. Similarly, the Afghan legal system faces comparable challenges, influenced by political developments and other contextual factors. This research adopts a comparative analytical method to examine the strengths and weaknesses of each system and offers recommendations for improving judicial and legislative practices in the area of sentencing legal persons. The findings of this study indicate that a lack of consistency and unified procedures in determining punishments can result in injustice and the infringement of stakeholders' rights. Ultimately, the author emphasizes the necessity of developing comprehensive and effective legal frameworks that can adequately address the impact of changes in the status of legal persons on judicial sentencing and safeguard the rights of both the public and individuals.