City demolition. Accident or crime?

Mr. Director, have you ever heard of how many cities in Abadan have been built in Iranian cities? Of course, people do not know how many people pay for the work of ignorant and illiterate managers. Construction is not accidental, but an offense under criminal law.

Parallel to the demolition of the building in the city of Abadan, a video was published in the cyberspace in which a person named Saeed Hafezi warned to follow specific technical explanations about the potential dangers from the two towers of this city. for a year. Technical and special standards in the construction of such a tower. Because of the special engineering aspects, it is necessary to take care of responsible people. What the narrator says in this video about building violations and problems in carrying out civil works is the safety of the building according to the rules of urban planning for an engineering system.

Submission of Municipal Law Supervisor Law No. 21 provides that: In one of the categories subject to the Engineering and Construction Control System Act, the supervisor must hold a work permit, and appropriate construction operations within the scope of all operational operations. Buildings are supervised in accordance with Section 4 of the Engineering System Act and Regulations. The last article states that the National Building Regulations are the only technical reference and guiding principle in determining the appropriateness of the design, implementation, operation and maintenance of buildings, whether residential, office, commercial, public, educational, etc. It also restricts the supervisors from supervising the operational operations of the building under their supervision based on the specifications contained in the permit, accompanying drawings, and technical accounts.

In discussing the phased monitoring of the implementation of civil operations, Article 23 states: Every legal entity, in its capacity as a supervisor, is obligated to monitor the implementation of operations and the implementation of projects with phase-out plans. Carrying out civil operations, preparing a detailed report for the subscriber, finalizing the work and submitting it to the Engineering Systems Company and the relevant municipal authorities. Section 34 of the Municipal Engineering System Act and other employees restrict the issuance of building permits to the owner, supervisors and operators of the building and all duties and requirements relating to design and other design permits and agents. Run the building, bring it up.

Article 35 Municipalities and other authorities that issue building permits must issue a technical and real estate identity card and a certificate of completion to the applicant.

The engineering system and municipal regulations imposed in the construction sector and the commissions stipulated in Articles 55 and 100 indicate that these two officers, as the only ones supervising any kind of construction in the city, are obligated to provide services to all. Enjoy private supervision of the simplest constructions from start to finish. Refer to Article 31 of the Engineering Regulations in the chapter on Technical and Civil Definition of Building 1. After the technical and civil definition of the building is made in the order determined by the Ministry of Housing and Urban Development, the manager is limited. This regulation provides the necessary approvals for the governorate’s engineering system and provides a copy of the technical and civil definition of the building to the municipality and other licensing authorities for the final works.

From the above set of rules, Abadan city building is supposed to go through all these steps to complete the work and start construction before that, natural or legal persons in the position of supervisor and expert are under construction. The construction process from zero to one hundred. The rationale for the latest event and the information presented in the posted video raises speculation that some of the people involved in the Abadan city project are technically savvy. They performed specific problems and procedures on the project while performing their statutory duties. , the main cause of the accident and the death of citizens.

Therefore, in identifying the culprits and the causes of the accident, it is necessary to examine the progress of the project in detail with the release date of Saeed Hafezi’s video, because the cause of the collapse of the towers is the same as the technical defects mentioned in the video. . The offender, who is the main offender of the incident intentionally, deserves punishment according to the law of causation and punishment stipulated in the Islamic Penal Code. This is an error in the order of the expert, who is entitled to criminal and civil liability based on the definition of cause and effect in criminal law.

* Lawyer – Shiraz

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