Criminal and Non-Criminal Responses to Illegal Urban Structures in Iranian Criminal Law

The expansion of urban construction in recent decades, along with the weakness of the supervisory system and the revenue-oriented nature of municipalities, has led to an increase in construction violations and the formation of unsafe structures in Iranian cities. In the Iranian legal system, most construction violations do not have an independent criminal description and are mainly investigated in the form of civil liability or administrative proceedings, especially in the commission of Article 100 of the Municipal Law. Due to the lack of effective criminal enforcement guarantees, this approach does not have the necessary efficiency to prevent human accidents and protect public rights. The present study, using a descriptive-analytical method and using library resources and statutory laws, examines the criminal and non-criminal responses of the Iranian legal system in dealing with unauthorized and unsafe constructions. The research findings show that existing laws, especially municipal regulations and articles related to guarantees in the Islamic Penal Code, are ineffective from a criminal prevention perspective and do not provide an appropriate response to the serious risks arising from unsafe constructions. Finally, the necessity of independent criminalization of some construction violations, strengthening the role of the prosecutor in protecting public rights, and reforming the structure of the Article 100 Commission is emphasized as effective preventive solutions.