مهدی زکوی

Today, the alarming and disorganized state of the environment in the developing country of Iran is the main reason for the growing attention to environmental damage and its components, including water, soil, air, and living organisms. This requires a comprehensive approach to confront these issues and implement regional preventive actions. In recent decades, environmental protection has become one of the pillars of national security for many countries. In this regard, in addition to Article 50 of the Constitution, Clause 1 of the general environmental policies, which was communicated to the heads of the government branches in November 2015 by the Supreme Leader in accordance with Clause 1 of Article 110 of the Constitution, addresses the importance of environmental preservation and the prohibition of harm, recognizing the right to a healthy environment for all people. The significance of this matter becomes apparent when considering that a large number of deaths each year are due to environmental crimes, which far exceed the number of deaths from traditional crimes.Given the importance of environmental protection, and the fact that many of those who commit environmental crimes are legal entities (such as state-owned companies), the issue of criminal responsibility for such entities has long been a contentious topic. Until the 20th century, the notion of holding legal entities criminally liable was met with skepticism. However, by the mid-20th century, with the expansion of legal entities' activities—especially corporations—and the emergence of environmental crimes, organized crimes, and crimes in transportation, some countries were compelled to adapt their criminal policies to regulate these entities.

Theoretical Framework: 

Environmental Democracy and Collective Responsibility."Environmental Democracy" refers to theories emphasizing that environmental matters should be considered by all those affected by the outcomes of a decision or environmental policy, not just governments and industry owners. This concept highlights the equal right of individuals—including the general public, group representatives, legal advisors, industry owners, workers, government representatives, academics, and health experts—to participate in discussions, oversee the proper enforcement of laws, question authorities, and file lawsuits. The recognition of the need for environmental democracy implies that people have the right to intervene in matters of public interest, just like the right to education, healthcare, housing, and other fundamental human rights.Interest in linking democracy with environmental issues has grown since the 1970s, coinciding with the rise of modern environmental movements. In the late 1980s and 1990s, as political environmental theory matured into a research field, numerous innovative theoretical works emerged to bolster the credibility of environmental democracy. These included research on ecological rationality, green/environmental politics, and deliberative democracy. In the 1990s, several key publications on the relationship between democracy and the environment were released, and during this period, Morrison's (1995) book was the first to explicitly introduce the concept of "Environmental Democracy." This was followed by Mason's (1999) pioneering monograph on the subject. Judicial Policy on Civil Responsibility for Environmental Crimes by State-Owned Companies in IranUnder Iranian law, civil liability for legal entities (such as state-owned companies) is based on fault. Additionally, a distinction is made between governmental and non-governmental actions. Legal entities are only liable for non-governmental actions if the damage results from a defect in the administration's equipment. Regarding environmental damages, it can be said that harmful acts such as environmental destruction or pollution can be caused by either individuals or legal entities (such as companies, factories, workshops, municipalities, etc.). Article "Th" of the Clean Air Act identifies anyone who operates pollution-generating sources, whether for themselves or on behalf of a legal entity, as an "air polluter." Similarly, under Article "Th" of the Executive Bylaw of the Clean Air Act, ratified in 2018 by the Council of Ministers, any natural or legal person operating noise pollution sources is considered responsible for environmental noise pollution.According to Article 19 of the Waste Management Law, ratified in 2004, if the affected party is an individual or legal entity, the judiciary may sentence offenders to pay fines to the state fund and compensate for damages to individuals or government agencies. The term "offenders" in this article applies to both individuals and legal entities. Additionally, Article 13 of the Law on Marine and Border River Protection from Oil Pollution (ratified in 1975) states that any violation resulting in damage to ports, seas, cargo, or other coastal facilities in Iran or to aquatic life and natural resources will lead to a judicial ruling for compensation.Judicial Policy on Administrative Enforcement for Environmental Crimes by State-Owned CompaniesRegarding administrative enforcement against state-owned companies causing environmental harm, it should be noted that traces of such enforcementcan be found in environmental laws. These administrative measures can be applied to pollutingentities. For instance, Article 11, Clause 3, of the Clean Air Act (ratified in 2017) requires large and medium-sized projects subject to environmental evaluations to install and operate online monitoring systems and send updated information to the Environmental Monitoring Center. The issuance and renewal of their operating licenses depend on compliance with this clause.Environmental Policy and Proposed Recommendations in Iran.Overall, Iran's environmental policies after the Islamic Revolution have been influenced by various internal and external factors, including economic, political, social, and demographic issues. These factors have affected the goals and programs of the Department of Environment and other organizations involved with environmental issues during different periods of the post-revolution era. It is challenging to confidently claim that Iran has had a unified and consistent environmental policy over the years. Instead, Iran's environmental policy has fluctuated in response to the country’s evolving economic, political, and demographic conditions.

This study explores policy and judicial approaches to environmental crimes in post-revolution Iran. Governments are both contributors to environmental pollution and, by their governing responsibilities, protectors of the environment. The study asserts that Iran is no exception in this regard. The Iranian legislator, considering Article 50 of the Constitution, has attempted to draft and pass specific laws and regulations to ensure environmental protection and sustainable development while preventing environmental degradation. This article highlights those environmental issues in Iran are cross-sectional, meaning all individuals and legal entities are required to address environmental concerns within their capacity. Since criminal legislation rests in the hands of the government, if environmental damages are not criminalized, the path to committing these crimes becomes easier.

AbstractUndoubtedly, the handling of court cases in the courts and administrative procedures and proportionate responses in the shortest possible time. In a fair manner is the requirement for administration of justice in various criminal policy models. Analyzing fairness of a trial will become possible by taking into account the speed at which proceedings are conducted, conventional process of the criminal proceedings and following of the rules and principles of a proceeding. Legal writers have often analyzed the criminal policy vis-à-vis criminal matters with the approach of defining crime and obliquity, and generally, the analysis of the Criminal Procedure Law as a means of ensuring substantive laws is less considered, and the adoption of the new Criminal Procedure Law makes the analysis of this in legislative and judicial policy seem necessary.On the other hand, mere theoretical data in criminal policy, without regard to social realities, and public and governmental responses to the criminal matter, is not sufficiently addressed, and it is inevitable that addressing important practical issues, especially in the judicial system, is inevitable. One of the most important issues in the current judicial system is to observe a reasonable period of time and to avoid prosecution for a just and fair trial, as well as to achieve the goals of the legislator for the formulation of criminal laws, which are described in this paper, and the pending and current conflicts will be analyzed.

International environmental law and human rights had separate beginnings, but the reality is that these two categories have intertwined and interconnected rules, and the ultimate goal of both is to provide better conditions for human life. The close relationship between international environmental law and human rights, on the one hand, considers environmental protection as the most fundamental principle for enjoying life and human dignity, and on the other hand, it has made it possible to face the challenges Globally, in regional and global dimensions, slow self-protection and human rights. The present article was carried out with the aim of analyzing the environmental protection from the perspective of human rights with a descriptive-analytical method and using library resources. The results showed that the international environmental rights are closely related to the basic guarantees contained in the Covenant of Civil and Political Rights, such as the right to life and the right to health. On the other hand, having appropriate standards for health emphasizes the strong correlation between economic, social and cultural rights with environmental rights. In addition, the intersection point between international human rights and international environmental rights is the right to a healthy environment. A right that, like the right to development, is considered one of the most important examples of solidarity rights today.

International institutions with a long history in the history of the world have been able to play an effective role in the field of protecting and promoting human rights. Supporting human rights means supporting human achievements, consolidating and guaranteeing them, and promoting human rights and citizenship is another factor that seeks to create a higher level of human rights with the growth, development and expansion of this concept. By raising the question of what is the position of international institutions in the universality of human rights, this research has raised the hypothesis that international institutions have been able to use numerous practical methods and mechanisms as well as using the legal capacities available in the laws. domestic and international documents and regulations to take effective steps in the field of protecting and promoting human rights. The importance of this matter finds another meaning by looking at the record of the institutions and it is necessary to review the performance of these institutions and the comprehensive pathology of the movement of the institutions in the direction of protecting and promoting human rights, the government systems can activate the hidden capacity of the institutions and these institutions in the position to support and promote human rights.

In the new era, virtual media are becoming big empires and virtual space is the space of great powers. The logic and environment of war, traditionally based on the logic and environment of war, has been transformed in the virtual space. If before, the logic of winning the war was traditional, having more physical forces and physical tools. (Although this logic is still strong and weak), but without a doubt, the emergence of the virtual environment has caused a fundamental change and formation in this logic. This space has created power as soft power and this technology has made many fields of confrontation different from the past. in such a way that every soft action is supported by soft power; In such a way that soft power is necessary and necessary for each other. The Islamic Republic of Iran has a soft power base whose foundations are formed by its leadership, Iranian and Islamic culture and identity, connected and organized masses that have a high ability to integrate and mobilize, virtual space has served the opposition front of the Islamic Revolution. The present article was carried out with the aim of the role of virtual space in increasing soft power (case study: Islamic Republic of Iran) with descriptive-analytical method and using library resources.

The access of state-owned employees to state funds and funds, which stems from employment and employment, has led the legislature to prohibit the use of unauthorized use of property and public funds and criminalize the crime of illegal seizure. The Social Security Organization is also included as a public non-governmental organization, which receives huge funds from a premiums payment, subject to this regulation. This research, using a descriptive-analytical method, seeks to consider the inclusion of Article 598 of the Sanctions Act in relation to the social security investment company known as Shasta. The legal personality of the subsidiaries and affiliates under the control and management of the holdings, the investment company and, ultimately, the social security organization, indicates that Shasta is a non-governmental public institution and therefore, in accordance with the statute of the organization and the law of general calculation, any use Unauthorized access to the property and funds of the Social Security Organization, in particular through the insurance rights of individuals affiliated with the organization, will result in criminal liability arising out of unlawful seizure of property and funds

Water is the source of life, production, work and construction and is known as the axis and one of the most significant factors of development. Today, one of the components of political power and military, economic, social and cultural security of countries is related to water security.Crimes related to water resources refer to actions that, under certain circumstances, result in water pollution, encroachment, illegal exploitation, and so on. The importance of water resources protection is due to the fact that it is directly related to the health of "humans" and therefore the need to protect resources is reflected in various domestic, regional and international laws. In the end, it was concluded that despite the fact that Iranian policymakers are inspired by sharia law and also the requirements of adhering to international instruments in order to control the criminal phenomenon in the field of water, criminal and sometimes non-criminal ideas are used. However, it has a predominant meta-criminal perspective and, for various reasons, has not been very successful in controlling criminal behaviors and phenomena, as well as in responding.

An environmental crisis occurs when a change in the environment of a species or population dangers its survival. Iran's environment suffers from crises such as water, air and soil pollution, global warming and greenhouse gas emissions, depletion of natural resources and fossil fuels, waste disposal, deforestation and desertification, lack of rainfall and depletion of water resources, pollution Water, and animal’s extinction. In this article, in a descriptive-analytical method and with library method, a comparative study of the approach of the Islamic Republic of Iran and international institutions to Iran's environmental crises in the period after the Islamic Revolution has been done. The results of this study show that international institutions, on the one hand, have taken steps to protect the environment by enacting environmental laws, and on the other hand, by imposing complex sanctions, have made it very difficult to deal with crises. In recent years, according to Article 50 of the Constitution, several governmental and non-governmental institutions and organizations have been active in reducing environmental crises in the country, which can be considered useful and toward sustainable development due to the improvement of Iran's ranking in the Environmental Performance Index in 2020.

This study investigates the effect of the computer games on behavioral deviance of the game-net boys and its relation to children’s and juveniles’ criminal conducts in rehabilitation centers. To this end, a questionnaire was applied to gather the data. It was a field research and a number of 65 children and juveniles in Esfahan rehabilitation center were required to answer the questionnaire. The questionnaire was also distributed among the same number of non-criminal juveniles who were accustomed to playing computer games, but they were non-criminals. The data were analyzed in SPSS and through logistic regression. The results showed that there is a meaningful relationship between playing the computer games on the part of the teenagers and their tendency toward criminal conducts. In fact playing computer games had a latent effect on the youth and teenagers’ tendency towards the criminal conducts, but this variable, i.e. playing computer games, was not so effective in the juveniles’ criminal conducts. One of the limitations of this study was the fact that the participants of this study at Esfahan rehabilitation center spent less than one hour a day playing computer games. However, a large number of game-net boys play games much more than an hour a day. Therefore, the hypothesis concerning the effect of playing computer games on the juveniles’ criminal conducts cannot be completely rejected unless the limitations of the study are removed and the participants of the study are selected from among those who spend more hours playing harsh computer games.