The way the criminal policy of Iran deals with the preservation of agricultural and horticultural lands use is currently among the hot topics of the country. Unfortunately, with a lack of careful study as well as a concentration on criminalization and penal reaction, this policy seeks keeping these lands. However, the scientific criminal policy contains important points that should be considered as a whole – and not separately–and besides the penal measures, adherence to active social and cultural activities as well as creation of the needed infrastructures should be exercised so as to achieve the intended goals. Otherwise, stressing the preservation of these lands, while the people under this law don’t know the consequences of their activities, together with a lack of support for agriculture sector and insufficient revenues of agricultural works in Iran, lack of NGO activities to support this sector, and lack of territorial planning, seems to be in vain. Instead of criminalization in suchlike cases, Iranian policymakers should legitimize the constructions in Iran and pay more attention to the respective commissions (i.e. the commission under acts 92 and 100 of the Municipalities Law), which are about the unauthorized constructions.