Assessing the conditions of legal permission as a barrier to criminal liability in the demolition of citizens' buildings by municipalities in law and judicial procedure

The permission of the law as one of the justifiable causes of the crime causes the decline of the legal element of the crime. One of the most important cases of legal permission in Iran is the permission of the municipality to demolish citizens' buildings. In granting this license, the legislature has preferred the public interest to the personal interest And has deviated from the rule of respect for citizens' property. Permitted cases of demolition of citizens' buildings by the municipality are: Destruction in order to implement the final decision of the Commission of Article 100 of the Municipalities Law, Demolition in order to implement public and reconstructive projects and demolition in order to eliminate the danger. Although, the granting of this permit by the legislator does not indicate the full authority of the municipality to demolish the buildings without any conditions, each of the three mentioned licenses has its own conditions. In this article, by using a descriptive-analytical method, we have examined the conditions of each case of legal permission and eventually, we have come to this conclusion that on one hand However, these legal permits have been granted to the municipality in scattered laws, it does not have an identity independence of what is stated in the Islamic Penal Code as a barrier to criminal responsibility. On the other hand, in addition to the three mentioned licenses, there are various conditions that In the absence of any of the them, the municipality will be criminally liable for the demolition, Two issues in the municipality's criminal liability for demolition must be considered: First, obtaining permission through the judicial authority does not negate the municipality's criminal liability for demolition and second, to invoke the municipality's act of undermining sovereignty cannot negate the municipality's criminal liability.