مسئولیت کیفری شهرداری‌ها ناشی از عدم جمع‌آوری سگ‌های پرسه‌زن؛ مبانی، چالش‌ها و رویه قضایی

Municipalities, as public non-governmental institutions, are obligated under Article 55 of the Municipalities Law to safeguard public order, health, and security. The growing presence of stray dogs in urban areas, constituting a threat to citizens' health and safety, may lead to both physical harm and financial loss. This study examines the criminal liability of municipalities in cases of omission to collect such animals, elaborating on various legal bases for such liability, including: the statutory basis (the duty stipulated in Article 55 of the Municipalities Law); the harm-based principle (the rule of lā ḍarar wa lā ḍirār and the necessity of preventing harm to others); the basis of maintaining public order and security (the duty to prevent threats against society); the basis of criminal omission (failure to perform a legal duty that results in harmful consequences); and the fault-based principle (negligence or recklessness of municipal authorities in addressing hazardous conditions). The study further analyzes challenges such as ambiguities in establishing causation, legislative shortcomings concerning stray dog management, and the multiplicity of responsible institutions. An examination of judicial practice demonstrates that although some judicial decisions have recognized the liability of municipalities, the absence of uniform precedent and divergent interpretations by judges have limited the effectiveness of this avenue. In conclusion, the study proposes measures such as amending Article 143 of the Islamic Penal Code to expressly (explicitly) recognize the liability of public entities; enacting comprehensive legislation on stray animal management; prescribing specific sanctions (penalties) for legal persons; establishing a reporting system for municipal omissions; and providing legal training to municipal officials, aimed at strengthening accountability and preventing harm.