نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکترای حقوق محیط زیست، دانشگاه آزاد اسلامی واحد علوم تحقیقات تهران
2 استادیار و مدیرگروه حقوق محیط زیست، دانشگاه آزاد اسلامی واحد علوم تحقیقات تهران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The Article 688 of the Islamic criminal act that has mentioned threats against public health that is as a crime and designates its punishment. The example of threats against public health include the "polluting drinking water or the distribution of polluted drinking water", in such a way that the mentioned examples are related to water and soil pollution, solid waste, illicit livestock butchery, and agriculture crops pollution by illicit use of wastewater.
In the analyses of this article the following subjects have been extensively explained to provide a correct understanding of this article according to criminal law principle: Mens rea, Actus reus, and legal factor of crime, authorities and individuals who report and recognize the crime, being conditioned to have criminal result, being deliberate, and other characteristics of the crime of the threat against public health. Then, some ambiguities have been identified in carrying out the article. One of the main ambiguities is the Mens rea within the crime of this article .To know whether the intention and awareness is essential to as certain this factor or the criminal mistake resulting from carelessness to Environmental Considerations as certain this factor. Distinction between the threats against public health and environment pollution and prison punishment other challenges in carrying out are this article that have been analyzed and studied in this research.
کلیدواژه‌ها [English]
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