Document Type : Original Article
Authors
1
PhD student in criminal law and criminology, Faculty of Law and Political Science, Azad University of Mashhad, Mashhad, Iran
2
associate professor of the Department of Law and Political Sciences, Mashhad Branch, Islamic Azad University, Mashhad, Iran: (corresponding author )
3
Assistant Professor of the Department of Law and Political Sciences, Mashhad Branch, Islamic Azad University, Mashhad, Iran
10.22091/ijicl.2026.17235.1282
Abstract
Iran's criminal policy regarding national lands has so far been mainly based on the traditional model of "crime + punishment" (imprisonment and fines). However, the experience of recent decades has shown that this reactive approach alone has failed to prevent the destruction of natural resources. Green criminology and restorative justice, criticizing the merely punitive perspective, emphasize the necessity of repairing damage to the ecosystem and restoring the lost balance of nature. This research, using a descriptive-analytical method and utilizing library resources, international documents (especially the EU Directive 2024/1203), and empirical data obtained from questionnaires distributed among 3 judges and 6 natural resources experts, conducts a comparative study of the transition from punishment to ecosystem restoration in Iran, drawing lessons from the European Union, Australia, and the United States. The research findings indicate that Iran's legal system lacks any restorative enforcement guarantees (obligation to restore land, plant trees, rehabilitate rangelands), and the existing punishments (short-term suspended imprisonment and insignificant fines) do not create the necessary deterrence. In contrast, the European Union, through its 2024 Directive, has mandated environmental restoration as a compulsory and complementary sentence, and Australia and the United States have institutionalized the system of Restoration Orders. The analysis of empirical data shows that 100% of respondents emphasized the ineffectiveness of current punishments and the necessity of reforming the penal system. The proposed model of this article is presented in the form of four practical steps (issuing restorative orders, establishing a National Land Restoration Fund, requiring environmental valuation in expert reports, and implementing restorative justice in minor crimes). The realization of this model requires amending Article 690 of the Islamic Penal Code and creating appropriate supervisory and financial infrastructures. The comparative analysis presented in this article offers valuable lessons for Iran's legal system in transitioning from punitive to restorative approaches in environmental crimes. The findings of this research provide a roadmap for policy-makers in Iran's judicial and legislative system to reform the current penal framework.
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