Culmination of Law

Culmination of Law

A comparative study of the administrative procedures for dealing with climatic environmental crimes in Iranian and French laws

Document Type : Original Article

Authors
1 PhD student, International Law, Payam Noor University, Tehran Province, Tehran, Iran
2 Professor, Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
3 Assistant Professor, Department of Law, Payam Noor University, Tehran Province, Tehran, Iran
Abstract
Protecting the environment as a national wealth is considered a public duty, the responsibility of which is assigned to the governments according to the basic laws. This research was done by analytical-descriptive method and the research question is what are the administrative procedures for dealing with crimes in this area in Iranian and French laws. It was concluded that the environmental organization of our country is independently under the supervision of the presidency and, like the French Ministry of Environment, does not have a ministerial budget. At the same time, the people's representatives do not have the right to ask questions or impeach the senior officials of the mentioned organization. The technical and specialized facilities of the Environmental Organization cannot be compared to the modern facilities of the French Ministry of Environment. In our country, there is no legal protection for the environmentalists and the committing of typically deadly acts by the environmentalists has distorted the principle of their innocence, and sometimes they have been ordered to pay ransom and retribution, which in general reduces the motivation to deal with environmental vandals. In France, the report of the environmental organization is an official document, and while respecting the principle of acquittal, the prosecutor's office issued a suspension of investigation based on this report, and the judicial process ends.
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Articles in Press, Accepted Manuscript
Available Online from 06 November 2024