The Territory of green criminal law

Document Type : Research Paper

Author

Ph.D.

10.22099/jls.2023.39220.4190

Abstract

In the importance of the environment, it is enough that Article 50 of the Constitution states that the growing life of today and tomorrow depends on its preservation. A strong form of support for this divine gift is the application of criminal measures against its destructive behaviors. The need has also been felt in international sources, including the Stockholm Declaration and the Strasbourg Convention. In this regard, the Iranian penal system has established significant regulations over time and each time in the dimension of "criminalization" and punishment. The intensity of this effort can be seen in the corruption of the filial pity of the widespread distribution of dangerous toxic and microbial substances by Article (286) of the Islamic Penal Code. The findings of this research, which is a descriptive-analytical method and a library data collection tool, show that there are also flaws in the current penal policy, the open face of which is The non-criminalization of some environmentally threatening behaviors, the limitation of the authority of non-governmental organizations to protect the environment, the lack of criminal responsibility of the government for violating this divine gift, and the lack of guarantee guarantee the execution of fines for most crimes in this realm.

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References

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