Substantive Requirements for Establishing Criminal Liability of Legal Persons in Afghanistan's Legal System

The concept of legal persons and their criminal responsibility in the legal system of Afghanistan does not have a long historical background. It was only with the enactment of the Penal Code of 1976 and the Civil Code of Afghanistan in the same year that attention was paid to the issue of legal persons and their criminal liability. In the legal system, these persons are divided into two categories: general (such as companies, institutions, and government entities) and specific (such as private companies). In this research, using a descriptive-analytical method and relying on library resources, the authors seek to answer the fundamental question of whether legal persons bear criminal responsibility or not. If the answer is affirmative, under what conditions can such responsibility be attributed to them? The findings of the study indicate that, according to Afghan laws, general legal persons do not have criminal responsibility, and only specific legal persons are subject to this type of liability. Furthermore, the responsibility of these persons for crimes and damages incurred depends on whether their representatives, directors, attorneys, or other affiliated individuals have committed the offenses in the name or on behalf of the legal person and within the scope of their assigned duties. Key Words: Legal persons, representative, criminal responsibility, director, attorney.