An Introduction to the Application of the Teachings of Restorative Justice in the Field of Environmental Crimes; A Step Towards Changing Lenses to Prevent and Repair Biological Damage
Akhlāq-i zīstī i.e., Bioethics Journal,
Vol. 11 No. 36 (1400),
17 August 2021
,
Page 1-18
https://doi.org/10.22037/bioeth.v11i36.34434
Abstract
Background and Aim: 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.
Materials and Methods: In this research, by descriptive-analytical method and using library resources, restorative regulations on environmental crimes were analyzed.
Ethical Considerations: Standards related to ethics in research and fidelity in citing references have been observed.
Findings: 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.
Conclusion: 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.
Cite this article as: Falakodin A, Ghasemi M, Nosrati Y. An Introduction to the Application of the Teachings of Restorative Justice in the Field of Environmental Crimes; A Step Towards Changing Lenses to Prevent and Repair Biological Damage. Majale "Akhlāq-i zīstī" (i.e., Bioethics Journal). 2021; 11(36): e23.
- Restorative Justice; Principle of Prevention of Biological Damage; Environmental Crimes; Payment by the Polluter; Restoration of the Status Quo Ante
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References
Prieur M. La mise en oeuvre nationale du droit international de l’environnement dans les pays francopones. Limoges: Presses Universitaires de Limoges; 2003.
Huten N. Les nouveaux fondements constitutionnels du driot de l’environnement, Les apports de la Charte de l’environnement a l’order juridique interne, Thèse en Droit de l’environnement. Paris: Université de Paris 1 Panthéon-Sorbonne,et de Paris II Panthéon-Assas; 2002-03.
Catherine R. L’essentiel du Driot de l’environnement. Limoges: Gualino Editeur; 2006.
Ramezani Ghavamabadi M, Simai Sarraf H. From Ownership to Sovereignty: A Comparative Study of the Environment in Islamic Law and Jurisprudence. Quarterly Journal of Civil Law Knowledge. 2014; 3(3): 35-60. [Persian]
Mirkamali A, Hajivand A. Analyzing the Prevention of Environmental Crimes in the light of the United Nations Guidelines based on the Ethical Principle of Prevention of Harm. Bioethics Journal. 2017; 7(26): 61-75. [Persian]
Abbasi M, Akrami F. From Transgenic Organisms towards Transhumanism: Necessity of Ethical Assesment and Legislation. Bioethics Journal. 2018; 8(30): 7-8. [Persian]
White R. Environmental crime and problem-solving Courts. Crime Law and Social Change Journal. 2013; 59(3): 267-278.
Hajivand A, Mirkamali A, Safari F. Government Criminal responsibility for environmental crimes in Iran, Necessities and Challenges. Environmental Sciences. 2018; 16(2): 65-82. [Persian]
Shamloo B, Ahmadi A, Khosroshahi G. Green Victimology. Criminal Law Research Quarterly. 2017; 6(20): 37-67. [Persian]
Ashuri M. Criminal Procedure. Tehran: Samt Publishing; 2019. [Persian]
Shiri A. Restorative Justice, in the Encyclopedia of Economic Criminal Sciences. Translated by Niazpour AH. Tehran: Mizan Publishing; 2017. [Persian]
Ismaili M. Preventive Justice, Crime Control in the Legal System. Journal of Criminal Law Studies, University of Tehran. 2017; 4(2): 159-180. [Persian]
Mashhadi A. French Environmental Law Foundations. Tehran: Khorsandi Publishing; 2018. [Persian]
Hodavand M, Mashhadi A. Principles of Administrative Law in the Light of the Judgments of the Court of Administrative Justice. Legal and Judicial Development Deputy of the Judiciary. Tehran: Khorsandi Publications; 2010. [Persian]
Khaleghi A. Notes on Criminal Procedure. Tehran: Shahr-e Danesh Publications; 2020. [Persian]
Raijian Asli M. Victimology: Developments in Victimology and Criminal Science. Tehran: Shahr-e Danesh Institute for Legal Studies and Research; 2011. [Persian]
Cane P. Are Environmental Harms Special? Journal Environmental Law. 2001; 3(1): 35-66.
Katuzian N. Legal Events. 10th ed. Tehran: Publishing Joint Stock Company; 2019. [Persian]
Najafi Aberandabadi AH. Softening and Restoration of Criminal Law, with Emphasis on Iranian Law, in the Proceedings of the Second Biennial Conference on Restorative Justice. Tehran: Mizan Publishing; 2016. [Persian]
Saffari A. Justification or reasoning for punishment in the collection of articles in criminology. 3rd ed. Tehran: Jangal Publications; 2015. [Persian]
Ghasemi N, Heidari F. A Study of Civil Liability due to Environmental Damages. Law Research Quarterly. 2011; 13(34): 135-164. [Persian]
Rajabi A. A Study of Special Criteria in Designing a Civil Liability System for Environmental Damages, Collection of Articles on Environmental Law. Tehran: Khorsandi Publishing; 2009. [Persian]
Javan A, Hajivand A. The Role of Media and Culture in Violating the Right to a Healthy Environment from the Perspective of Critical Integrative Criminology (Studying the Model of Neoliberal Societies). International Journal of Human Rights. 2021; 16(1): 195-216.
Sabooripour M, Hajivand A. Controlling of Environmental Violence from the Perspective Deterrence Theory. Journal of Legal Research. 2020; 19(43): 7-28.
Jafari A, Ahmadi A. Restitution Damages of the Environmental Crimes in International and Iranian Law System. Public Law Studies Quarterly. 2019; 49(2): 613-633. [Persian]
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