Culmination of Law

Culmination of Law

Differential Procedure of anti-green Crimes in Iran's criminal system

Document Type : Original Article

Authors
Amin Hajivand 1
Seyed Hossein Hosseini 2
Abdolreza Javan Jafari 3
1 PhD student in Criminal Law and Criminology, Faculty of Law and Political Science, Ferdowsi University of Mashhad, Mashhad, Iran
2 Associate Professor, Faculty of Law and Political Science, Ferdowsi University of Mashhad, Mashhad, Iran
3 Professor, Faculty of Law and Political Science, Ferdowsi University of Mashhad, Mashhad, Iran
10.22034/thdad.2023.2007937.2522
Abstract
The differential approach to technical and specialized offenses has become one of the trends of the desired global criminal policy. One of the areas in which the differentiation of criminal procedure should be manifested in its territory is anti-green crimes and sustainable development. By anti-green crimes, we mean crimes that are committed against the environment and are divided into two categories: environmental crimes and environmental terrorism. The reason for the separation of these two concepts is that the way of responding and dealing with these crimes is different and basically they have important differences in terms of criminal intent. In this research with analytical-descriptive method, these results were obtained that in Iran's criminal system, there are effects of differentiation regarding the treatment of environmental crimes, but in addition to the effects, there are expectations such as green trainings and the employment of specialized officers and green-minded judges (ensuring and regulating reactions), the need to foresee a special environmental prosecutor with the same criteria from special prosecutors as tax prosecutors, mandatory crime declaration, predicting long deadlines for prosecution and Issuing a sentence, the need to increase the period of detention and observation, joint investigations, increasing the evidence of criminality and increasing international judicial cooperation can be effective in differentiating the handling of environmental crimes and realizing the goals of efficient criminal policy.
Keywords
anti-green crime
differentiation
proactive criminal policy
reactive criminal policy
green differential proceedings

Subjects

Sources
a) Persian
Ibn Ali, Davoud (2007), Fair Trial Criteria in International Documents and Domestic Law, Master's Thesis, Faculty of Law, Shahid Beheshti University.
Esmaeili, Mohammad (2017), Preventive Justice, Crime Control in the Context of the Legal System, Journal of Criminal Law Studies, University of Tehran, Volume 4, Issue 2.
Akbari, Abbasali, Malmir, Mahmoud and Pourbagrani, Hassan (2017), Concept and Principles of Deviation from the Principle of Innocence, Journal of Islamic Jurisprudence and Law, University of Tabriz, Year 8, Issue 14.
Ashouri, Mohammad (2016), Criminal Procedure Code, Volume 1, Tehran, Samt Publications, 19th Edition
Ashouri, Mohammad (2015), Criminal Justice (Collection of Articles), Volume 2, Tehran, Dadgostar Publications, 2nd Edition.
Pakniyyat, Mustafa (2017), Differentiation of Criminal Procedure, Tehran, Mizan Publications.
Pourhashmi, Seyed Abbas and Arghand, Bahareh (2019), International Environmental Law, Tehran, Dadgostar Publishing
Pourhashmi, Seyed Abbas, Namamian, Peyman, and Tayebi, Sobhan (2015), Criminalization of Environmental Terrorism; Challenges, Norms and Strategies, Journal of Environmental Science and Technology, Volume 17, Issue 1
Taghizadeh Ansari, Mostafa (2016), Environmental Law in Iran, Tehran, Samt Publishing.
Hajivand, Amin (2018), Green Criminal Procedure in Iran, Master's Thesis, Criminal Law and Criminology, Shahid Beheshti University, Tehran.
Hajivand, Amin et al. (2018), Criminal Responsibility of the State for Environmental Crimes in Iran, Environmental Science Quarterly, Shahid Beheshti University, Tehran.
Khazani, Manouchehr (2018), Criminal Process (Collection of Articles), Tehran, Ganj Danesh Publishing.
Dabirzadeh, Elahe (2007), Legal Analysis of Human Trafficking in Iranian and International Law, Master's Thesis, Shahid Beheshti University.
Zare Mahdavi, Ghader and Danesh Nari, Hamid Reza (2016), International Security and Environmental Crimes, Tehran, Mizan Publishing House.
Salman Khaksar, Abdolhamid (2010), Government, Individual and Security, National Defense University.
Zeraat, Abbas (2014), Criminal Procedure Code, Tehran, Mizan Publishing House, Volume 2.
Saghian, Mohammad Mehdi (2014), Developments in the Right of the Accused to Have a Lawyer during the Pre-Trial Phase in French and Iranian Law, Journal of Criminal Law and Criminology Studies, Volume 1, Issue 1.
Shams Natri, Mohammad Ebrahim (2011), The Principle of Innocence and Its Derogations in Criminal Law, Collection of Articles in Honor of Professor Mohammad Ashouri, Tehran, Samt Publishing House, Fourth Edition.
Tahmasebi, Javad (2017), Criminal Procedure Code, Volume 2, Tehran, Mizan Publishing House, Third Edition.
Abbasi Sarmadi, Mehdi and Asadi Khommami, Reza (2015), The Concept of Environmental Justice and Its Reflection in Regional and International Documents, Strategy Quarterly, Year 24, Issue 77.
Gorjifard, Hamid Reza (2016), Green Criminology, Tehran, Mizan Publishing House.
Mashhadi, Ali (2012), French Environmental Law Foundations, Tehran, Khorsandi Publishing House.
Mashhadi, Ali (2017), Human Rights and the Environment (Collection of Articles), Tehran, Khorsandi Publishing House.
Mahdavipour, Azam (2016), Differential Penal Policy in the Field of Economic Crime, Tehran, Mizan Publishing House, Second Edition.
Mehdipour Moghadam, Alireza and Shamloo, Bagher (2017), Legal Analysis of the Declaration of Crime in Criminal Prosecution, Journal of Criminal Law and Criminology Studies, Volume 4, Issue 2.
Najafi Abranabadi, Ali Hossein (2010), Special Criminology Course Notes, Edited by: Amir Hamzeh Zeinali, Faculty of Law, Shahid Beheshti University.
Najafi Abranabadi, Ali Hossein (2011), Criminology at the Beginning of the Third Millennium, Second Edition of the Encyclopedia of Criminology, Tehran, Ganj Danesh Publishing, Second Edition.
Najafi Abranabadi, Ali Hossein (2009), Criminological Approach to the Law of Civil Rights, Proceedings of the Civil Rights Conference, Tehran, Tengah Publishing.
Niazpour, Amir Hassan (2011), Lawyer in the Field of Criminal Justice: Foundations and Functions, Legal Research Journal, Year 2, Issue 1.
b) Latin
1, Brisman A and South N (2017) Green criminology. In: Brisman A, Carrabine E and South N (eds) The Routledge Companion to Criminological Theory and Concepts. London: Routledge, 297–300.
2, Crook, Martin, South, Nigle (2018), Ecocide, genocide, capitalism and colonialism: Consequences for indigenous peoples and glocal ecosystems, Theoretical Criminology, Vol 22.
3. Gerard Lopez, Stamatios Tzitzis (2004), Dictionnaire de sciences criminelles, Dalloz.
4. Mayaud, Yves. (1997), Le Terrorism (Connaissance du droit), Paris. Dalloz,
5. Vere van Koppen, Christiane J.de Poot and Arjan A.J (2010). Blocland, Comparing Criminal Careers of Organized Crime Offenders and General Offenders, European Journal of Criminology, Vol7, No5
6. White, Rob, (2013). Environmental crime and problem-solving courts, Article in crime law and social change, Vol 59, Issue 3, P 269
7. White, R. (2017). Experts and expertise in the land and environment court. Australian Journal of Forensic Sciences, 49(4), 392–402.
Culmination of Law
Volume 10, Issue 3
Winter 2025
Pages 175-210