نوع مقاله : مقاله پژوهشی
1 استادیارفقه و حقوق، عضو هیئت علمی دانشگاه آزاد اسلامی، دانشکده علوم انسانی، دانشگاه آزاد اسلامی اردبیل، اردبیل، ایران،
2 دانشجوی دکتری رشته حقوق جزا و جرم شناسی، دانشگاه آزاد اسلامی، دانشکده علوم انسانی، دانشگاه آزاد اسلامی اردبیل، اردبیل، ایران،
عنوان مقاله [English]
The armed forces have military exercises, whether drills or shooting, in certain areas that are special for shooting. These special areas for shooting exercises, which are for light and heavy weapons, are sometimes shared by several armed forces organizations, and each of the organizations (including the IRGC-Ajah and the police force) is required to conduct exercises (military exercises) after each stage of the exercise. and shooting weapons, explore and clear that area. In addition, before the start of the military exercises, they are required to obtain a notam permit (air warning to prevent damage to airplanes or helicopters in flight) at most one month to 45 days before the date of the exercise, in coordination with their hierarchy and the civil aviation organization. in the prohibited area for drills and shooting) and subsequently inform the residents and residents adjacent to the location of the military exercises of the exact date, so that the residents of the area are protected from injury or physical loss and the necessary precautions are taken to prevent the animals or fields of ranchers and farmers Do not damage the area. During drills and shooting, especially with heavy weapons, sometimes it is possible that a number of bullets do not work and do not explode, in this regard, the relevant officials in the unit that conducts the drills and shooting are obliged to neutralize the bullets that did not work in order to prevent The consequences of its possible explosion are after leaving the unit. It is obvious that if the area is not explored and cleared in time, there is a possibility that the residents and residents adjacent to the training area and shooting ranges, which are not enclosed and sometimes there is traffic in that area, the explosion of unfired bullets will cause damage to the residents. Or their cattle. Therefore, this article, using the analytical-descriptive method, examines the criminal aspects of not exploring and cleaning the training area and shooting ranges of the armed forces in the light of the accusation of blasphemy in the matter of physical harm and carelessness and recklessness, and its study is based on the issuance of joint opinions in respected authorities. and at the same time, it is effective in preventing the delay of proceedings in the type and manner of setting up the case referred by the judicial officers to the judicial authorities, as well as explaining and explaining the issue and evidence of the crime to the judges of the judicial authorities, and it is effective in preventing losses and losses to the armed forces and the treasury of the Republic. Islamic Iran forbids.