نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
Objective:
This research aims to investigate the effects of climate change on the evolution of the structure of environmental crimes in Iran and to diagnose the legislative shortcomings and the criminal policy of the country in confronting emerging climate-related crimes.Research Method: This study employs an analytical-descriptive method, relying on written sources and field data. A critical analytical approach and the examination of current laws formed the basis for assessing the existing challenges in addressing environmental crimes related to climate change.
Findings:
The findings indicate that Iran's legislative system and criminal policy face major challenges in dealing with emerging climate crimes, including the lack of specific criminalization, weaknesses in preventive and compensatory mechanisms, and ambiguity in delineating civil and criminal liabilities. Furthermore, the research analyzes the theoretical capacities of Imami jurisprudence (including principles such as la zarar [noharm], tasbib [causation], itlaf [destruction], and the prohibition of ifsad fi al-arz [corruption on earth]) as a solid foundation for extending criminal liability and designing preventive and compensatory policies.
Conclusion:
The study concludes that effectively confronting emerging climate crimes requires the systematic alignment of Imami jurisprudential principles with a strategic revision of legislative texts and the enhancement of interaction among legislators, jurists, and environmental specialists. Formulating flexible criminalizations and ensuring ecosystem restoration mechanisms are essential prerequisites for realizing a sustainable environmental criminal policy and safeguarding collective and intergenerational interests in the context of the climate crisis.
کلیدواژهها English