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Analysis of the Jurisprudential and Legal Foundations of Criminal Protection of Mines
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Mohsen Malek Afzali1   , Morteza Fathi2 , Azizullah Rezaei3 |
1- Assistant Professor, Department of Law, Yazd University, Yazd, Iran.
2- Assistant Professor, University of Qom, Qom, Iran.
3- Ph.D Student of Criminal Law and Criminology, Al- Mustafa International University, Qom, Iran. (Corresponding Author) |
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Abstract: (143 Views) |
| Mines, as a national asset, do not belong to one generation so that they can be dealt with indiscriminately and without regulation; rather, they belong to the entire nation and even future generations; therefore, they must be exploited in a way that does not violate the rights of others. Sometimes it is observed that some people attempt to extract minerals in an unprincipled or unregulated manner. On the one hand, this act can be considered an infringement on the rights of others and, on the other hand, it can lead to changes in the ecosystem, which in turn threatens the health of society and the environment. In the meantime, the question of the feasibility of protecting mines is raised; meaning that the possibility of protecting mines against unjustified encroachments should be examined so that the encroachments face legal and legal punishments. The present research seeks to answer this question using a descriptive-analytical method and library tools. The findings of the research indicate that by adhering to legal principles and jurisprudential criteria such as non-harm, the prohibition of the acquisition of property by falsehood, the principle of state sovereignty over mines, and the principle of the necessity of sustainable development, criminal protection of mines can be proven and the encroachments held accountable. |
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Article number: 8 |
| Keywords: Criminal Protection, Mining, Jurisprudence, Governance Over Minerals. |
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Full-Text [PDF 745 kb]
(48 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2025/08/8 | Revised: 2025/10/18 | Accepted: 2025/11/22 | Published: 2026/03/21
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