This study provides a critical analysis of the legal foundations of Iran’s criminal policy in the field of cultural heritage. Its main focus is to assess the extent to which existing criminalizations and penal measures align with principles of public law, constitutional rules, and international obligations regarding the protection of cultural heritage. Within this framework, the research evaluates legislative coherence, the proportionality of crimes and punishments, and the adequacy of criminal responses to the growing threats against historical and cultural assets. The methodology is based on documentary analysis and comparative review of domestic laws—including the Law for the Preservation of National Monuments, regulations of the Cultural Heritage Organization, the Islamic Penal Code, and laws on smuggling—alongside UNESCO conventions and other international instruments. Findings indicate that despite available legal capacities, Iran’s criminal policy in this domain remains fragmented and disproportionate, with many criminalizations lacking clear theoretical foundations and failing to distinguish between low-risk and high-risk behaviors. Moreover, existing penal measures often disregard the principles of proportionality and necessity, while preventive and administrative tools are insufficiently utilized. The conclusion is that redesigning criminal policy requires a coherent, multi-layered framework grounded in sound legal principles to ensure effective and sustainable protection of cultural heritage.