Criminal Liability of Legal Entities for Air Pollution from the Point of View of Jurisprudence and Law

Norouznia, Shakour; Norouzi, Behrouz; Seyed Hatami, Maryam

doi:10.22034/jccj.2023.390262.1236

Criminal Liability of Legal Entities for Air Pollution from the Point of View of Jurisprudence and Law

Document Type : Original Article

Authors

Shakour Norouznia ¹

Behrouz Norouzi ²

Maryam Seyed Hatami ¹

¹ Department of Law, Ardabil Branch, Islamic Azad University, Ardabil, Iran.

² Department of Law, Ardabil Branch, Islamic Azad University, Ardabil, Iran. (Corresponding Author)

10.22034/jccj.2023.390262.1236

Abstract

Protecting the environment and paying attention to the living environment of others has always been emphasized by religious teachings, and in this, the protection of clean air, which is the basis of human life and other living beings, is of special importance. The rules of Etlaf, Tasbib, Tafrit, Harm, and the rule of respecting people's property can be mentioned in Islamic jurisprudence. The purpose of this research was to examine the criminal responsibility of legal entities against air pollution in Iran's criminal policy. In the meantime, valid jurisprudential foundations have emphasized the recognition and existence of this responsibility, and on the other hand, the Islamic Penal Code approved in 2013 also accepted it, but in the issue of dealing with air pollution, there are still challenges such as: absance of provision on joint criminal responsibility for legal entities and managers, lack of provision of differential procedure for prosecution, investigation and trial of legal entities, and lack of reference to the crimes of legal entities in criminal proceedings.

Keywords

Air Pollution

Legal Entities

Criminal Liability

Environment