An Introduction to the Application of the Teachingsof Restorative Justicein the Field of Environmental Crimes; A Step Towards Changing Lenses to Preventand Repair Biological Damage

The increasing number of environmental crimes and the failure of criminal justice to achieve punishment and deterrence through the means of punishment, has made it necessary to pay attention to the prevention and restoration of biological damage; Therefore, we are witnessing the change of lenses towards restorative justice. In this regard, damages and crimes against the environment, due to their widespread victims, have a fundamental need for restorative justice. In Iranian criminal law, several laws have been passed in the field of environmental protection that have restorative approaches, but however, due to the verdancy of restorative justice in relation to criminal justice, there are challenges in this field that the main purpose of this study is to identify the effects and requirements of this field.

In this research, by descriptive-analytical method and using library resources, restorative regulations on environmental crimes were analyzed.

 Standards related to ethics in research and fidelity in citing references have been observed.

In this study, it is found that in the context of various laws, there are methods of restorative justice that can be achieved in biological damage.

There are provisions in various laws regarding the compensation of losses and damages for environmental crimes. The first provision is observed in the Code of Criminal Procedure adopted in 2013, which is required for the first time in some cases to issue restrictive orders. To prevent biological damage and repair the environment, the most important strategy is to restoration of the status quo Ante in which restoration and repair play a key role, but since it is not possible in some environmental crimes, there are other strategies. The second solution is payment by the polluter and the final solution is compensation for environmental damage through the government fund, that of course, all of these principles and solutions have been challenged.