Compensation Mechanisms for Damages Resulting from Environmental Crimes in Iranian Law with Emphasis on International Environmental Instruments

Environmental crimes are considered among the most complex forms of contemporary criminality, which, due to the extensive scope of their impacts, the gradual nature of their consequences, the multiplicity of victims, the difficulty in establishing causal relationships, and sometimes the transboundary nature of damages, have created significant challenges in the field of liability and compensation. These crimes, in addition to causing economic and environmental damages, also affect public health, social security, and the rights of future generations. Therefore, traditional models of civil and criminal liability alone are not capable of fully addressing the various dimensions of these harms, and the development of comprehensive and multi-level compensation mechanisms appears to be necessary. The present study aims to examine the mechanisms for compensation of damages resulting from environmental crimes in the Iranian legal system and to evaluate their capacities in light of international environmental instruments. This research is fundamental-applied in terms of purpose and descriptive-analytical in terms of method. It analyzes the subject through library-based studies, examination of domestic laws and regulations, relevant legal opinions, and international instruments, including the Rio Declaration on Environment and Development (1992), the Aarhus Convention (1998), and other related documents. The findings of the study indicate that the concept of compensation in the field of environmental law is not limited solely to the payment of financial damages, but also includes a set of measures such as restoration of damaged ecosystems, environmental rehabilitation, removal of pollution effects, ensuring effective access to justice, public participation, and adopting preventive measures to avoid recurrence of damages. The examination of Iranian law demonstrates that despite the existence of capacities such as Article 50 of the Constitution, the principle of La Zarar (prohibition of harm), criminal and environmental regulations, and Article 66 of the Criminal Procedure Code regarding environmental protection and the possibility of participation of non-governmental organizations, the environmental compensation system still faces challenges such as the absence of specialized compensation mechanisms, lack of supportive funds, limited restorative tools, and difficulties in ensuring effective access of victims to justice. The results of the study indicate that achieving environmental justice in Iranian law requires moving beyond the traditional model of financial compensation toward an integrated and multidimensional system that simultaneously considers economic compensation, environmental restoration, restorative justice, participation of civil society organizations, and effective mechanisms for access to justice. The innovation of the present study lies in presenting an integrated framework for compensation of damages resulting from environmental crimes, which, by establishing a connection between judicial, administrative, and participatory mechanisms, can provide a basis for reforming environmental criminal policy and strengthening victim protection.