Feasibility of Preventing Industrial Pollution from the Perspective of the Civil and Criminal Liability Systems in Iranian Law

Abstract

Environmental pollution resulting from industrial activities is one of the major challenges of the contemporary era, threatening both human health and ecosystem balance. This article examines the various dimensions of the legal liability of polluting industries for environmental damage within the Iranian legal system. The primary objective of this study is to analyze the civil and criminal liability of individuals and entities responsible for industrial pollution in Iranian law. Considering the importance of environmental protection as stipulated in the Constitution and other substantive laws, this research aims to explore the challenges of implementing liability for polluting industries. The methodology of this research is based on a comparative legal study and library-based research focused on Iranian environmental regulations. Key findings indicate that Iranian law has the capacity to incorporate various foundations of civil liability, including strict liability, for polluting industries. Furthermore, Iranian criminal law emphasizes the criminal responsibility of legal entities for environmental pollution. However, challenges remain, such as proving criminal intent or fault, the severity of prescribed penalties, and the effective enforcement of criminal liability for legal entities. The conclusion suggests that although civil and criminal liability systems differ, they share common elements that can serve the principle of environmental pollution prevention. Effective environmental protection and the prevention of industrial pollution require enhanced coordination and interaction between civil and criminal liability systems. Nevertheless, weaknesses in monitoring and law enforcement remain significant obstacles to the effectiveness of these two systems. Therefore, reforming and clarifying existing laws, as well as strengthening international cooperation in this domain, appear to be essential.