Chapter One- Attempt to Commit an Offense
Article 122– Anyone who intends to commits a crime and attempts to commit it, but his intention is left frustrated because of a factor out of his/her control, shall be sentenced as prescribed below:
(a) In the cases of offenses for which their punishments under law are deprivation of life, life imprisonment, or ta’zir imprisonment of the first to third degree, [they shall be sentenced] to a ta’zir imprisonment of the fourth degree
(b) In the cases of offenses for which their punishments under law are amputation of limbs or a ta’zir imprisonment of the fourth degree, [they shall be sentenced] to a ta’zir imprisonment of the fifth degree
(c) In the cases of offenses for which their punishments under law are a hadd flogging or a ta’zir imprisonment of the fifth degree, [they shall be sentenced] to a ta’zir imprisonment or flogging or fine of the sixth degree
Note- If the conduct of the offender has a direct connection with commission of the offense, but the commission of the offense is impossible due to material reasons that the offender was unaware of, the measures taken shall be deemed as an attempt to commit an offense.
Article 123– The mere intention to commit an offense or any operation or measures that are only the preparation of an offense and have no direct connection to commission of the offense, shall not be considered as an attempt to commit an offense and shall not be punishable in this respect.
Article 124– Where anyone attempts to commit an offense and gives it up on his/her own will, s/he shall not be prosecuted on the charge of attempting that offense; however, if what s/he has done up to that point is considered an offense, s/he shall be sentenced to the punishment provided for that offense.
Chapter Two- Accomplices to the offense
Article 125– Any person who associates with other person(s) in the operational stage of an offense, and where the offense is attributed to their collective conduct, whether or not the conduct of each one would be sufficient for committing the offense, and whether the result of their conduct is equal or different, shall be regarded as an accomplice to the offenses and his/her punishment shall be as though one person has individually committed the offense. In the case of unintentional offenses if the offense is committed as a result of wrongdoing of two or more people, the wrongdoers shall be regarded as accomplices to the offenses and the punishment for each offender shall be as though one person has individually committed the offense.
Note- Imposition of punishments of hudud and qisas and diyat upon accomplices of an offense shall be carried out according to the provisions of Books Two and Three and Four of this law.
Chapter Three- Accessories to the offense
Article 126- The following persons shall be considered as accessories to the offense:
(a) Anyone, who encourages or threatens or suborns or incites someone else to commit an offense, or through a plot, deception, or abuse of power causes an offense to be committed.
(b) Anyone who makes or provides the means for commission of an offense, or shows the offender the way to commit an offense
(c) Anyone who facilitates the commission of an offense
Note– In order for abetment of an offense to take place, the act of the abettor must be prior or simultaneous to the act of the principal of the offense and both have the same intention. If the main principal of the offense commits an offense more severe than what intended by the abettor, the abettor shall be sentenced to the punishment for abetment of the lesser offense.
Article 127– Unless a different punishment is provided in law or Shari’a for the abettor, his/her punishment shall be as below:
(a) In the cases of offenses for which their punishments as prescribed in law are deprivation of life, life imprisonment, or ta’zir imprisonment of the second to third degree, [s/he shall be sentenced] to a ta’zir imprisonment of the fourth degree
(b) In the case of a theft punishable by a hadd punishment, or intentional amputation of limbs, [s/he shall be sentenced] to a ta’zir imprisonment of the fifth to sixth degree
(c) In the cases of offenses for which their punishment as prescribed by law is the hadd punishment of flogging, [s/he shall be sentenced] to thirty-one to seventy-four lashes of ta’zir flogging of the sixth degree
(d) In the cases of offenses punishable by ta’zir, [s/he shall be sentenced] to a [ta’zir] punishment one or two degrees lesser than the punishment for the offense committed
Note 1- Regarding paragraph (d) of this article, the punishment for the abettor shall be of the same type of the punishment prescribed in law for the offense committed; unless in the cases of confiscation of properties, permanent dismissal, and publication of the judgment of conviction that the punishment for abettor shall be a fine of, respectively, the fourth, sixth and seventh degree.
Note 2- If for any reason a qisas of life or limb is not executed, the punishment of the abettor shall be given according to paragraph (d) of this article on the basis of the ta’zir punishment given to the main principal to the offense.
Article 128– Anyone who uses a non-mature child as a means to commit an offense which is attributable the offender, shall be sentenced to the maximum punishment provided for that offense. In addition, anyone who abets the criminal conduct of a non-mature child shall be sentenced to the maximum punishment provided for the abetment of that offense.
Article 129– If in commission of criminal conduct, the offender is not prosecutable, or the prosecution or execution of the sentence is ceased, for any reason such as being under the age [of criminal responsibility] or insanity, it shall have no effect on the prosecution and punishment of the accessory to the offense.
Chapter Four- Leading a Gang of Organized Criminals
Article 130– Anyone who holds the position of a leader of a criminal gang shall be sentenced to the maximum punishment provided for the most severe offense committed by the members of the gang in line with the aims of that gang; unless the committed offense is punishable by hadd or qisas or diya in which case s/he shall be sentenced to the maximum punishment provided for abetment of that offense. In the cases of moharebeh and efsad-e-fel-arz, if the leader of the gang can be considered as mohareb or mufsed-e fel-arz, s/he shall be sentenced to the punishment provided, respectively, for mohareb and efsad-e-fel-arz.
Note 1- A criminal gang is a relatively organized group consisting of more than three or more individuals, which is formed for commission of an offense, or where its aim is diverted to commission of an offense after its formation.
Note 2- Leadership is defined as forming, or planning, or organizing or directing a criminal gang.
Chapter Five- Multiplicity of Offenses
Article 131– In the cases of offenses punishable by ta’zir, if a single conduct falls under the title of multiple offenses, the offender shall be sentenced to the most severe punishment.
Article 132– In the cases of offenses punishable by hadd, multiple offenses shall be sentenced with multiple [hadd] punishments, except in cases where the offenses committed and their punishments are the same.
Note 1- If the offender is sentenced to death and imprisonment, or death and banishment, only the death penalty shall be executed.
Note 2- In the cases where two or more hadd offenses are in line and committed in the same occasion, only the most severe punishment shall be executed; for example tafkhiz [rubbing a penis between a person’s thighs without penetration] while committing livat in which case only the punishment for livat shall be executed.
Note 3- If a man and a woman commit zina together more than one time, if the death penalty and flogging or stoning and flogging are imposed, only the death penalty or stoning, whichever is applicable, shall be executed.
Note 4- If a qazf is committed against two or more individuals, two or more punishments shall be imposed.
Article 133– In the case of multiple offenses punishable by hadd and qisas, the punishments shall be added. However, if a hadd punishment obviates the qisas or causes delay in execution of the qisas, then execution of the qisas shall prevail, and unless immediate execution of qisas is not requested, or qisas is forgiven or replaced with diya, the hadd punishment shall be executed.
Article 134– In the cases of offenses punishable by ta’zir, where the offenses committed are not more than three, the court shall impose the maximum punishment provided for each offense; and if the offenses committed are more than three, [the court] shall impose more than the maximum punishment provided for each crime provided that it does not exceed more than the maximum plus one half of each punishment. In any of the abovementioned cases, only the most severe punishment shall be executed and if the most severe punishment is reduced or replaced or becomes non-executable for any legal reason, the next most severe punishment shall be executed. In any case where there is no maximum and minimum provided for the punishment, if the offenses committed are not more than three, up to one-fourth, and if the offenses committed are more than three, up to half of the punishment prescribed by law shall be added to the original punishment.
Note 1- If multiple criminal outcomes resulted from a single criminal conduct, it shall be dealt with according to the abovementioned provisions.
Note 2- If the offenses committed cumulatively fall under a specific title of an offense, then provisions regarding multiplicity of offenses shall not be applicable and the offender shall be sentenced to the punishment provided in law.
Note 3- In the case of multiplicity of offenses, if there are mitigating factors, the court can reduce the punishment of the offender down to the average between the maximum and minimum, and if there is no maximum and minimum provided for the punishment, down to a half.
Note 4- The provisions regarding multiplicity of offenses shall not be applied to ta’zir offenses of the seventh and eighth degree. Such punishments shall be added together as well as to ta’zir punishments of the first to sixth grade.
Article 135– In the case of multiplicity of offenses punishable by hadd and ta’zir and also qisas and ta’zir, the punishments shall be added and the hadd or qisas punishment shall be executed first; unless the hadd or qisas punishment is deprivation of life, or if the ta’zir punishment is a haq-un-nas (claim of people) or a specifically prescribed ta’zir punishment under Shari’a and does not cause any delay in execution of the hadd punishment, in which case the ta’zir punishment shall be executed first.
Note- If the hadd offense is of the same nature of the ta’zir offense, for example a theft punishable by hadd and a theft punishable by other than hadd, or a zina and an indecent relationship lesser than zina, then the offender shall only be sentenced to the hadd punishment and the ta’zir punishment shall be removed, unless in the case of hadd punishment for qazf that if it is considered as qazf to one person and insult to another, the offender shall be sentenced to both the punishments.
Chapter Six- Reoffending
Article 136– Where anyone commits the same offense punishable by hadd three times, and each time the hadd punishment is executed upon him/her, the hadd punishment on the fourth occasion shall be the death penalty.
Article 137– Anybody who is, according to a final judgment, sentenced to one of the ta’zir punishments of the first to sixth degree, and from the date the judgment has become final to either rehabilitation from the offense or lapse of time for execution of the punishment commits a further offense punishable by ta’zir of the first to sixth degree, s/he shall be sentenced to the maximum up to one and a half of the punishment provided.
Article 138– The provisions regarding reoffending shall not be applicable in the cases of political and press offenses and offenses committed by children.
Article 139– In the case of reoffending of ta’zir offenses, if there are mitigating factors, it shall be dealt with according to the following:
(a) If there is a maximum and minimum for the punishment prescribed in law, the court can reduce the punishment of the offender down to the average of the maximum and minimum.
(b) If the punishment is fixed or without a minimum, the court can reduce the punishment of the offender down to half of the punishment provided.
Note- If the offender has three or more counts of final convictions upon which the provisions of reoffending are applicable, then, the provisions of mitigation shall not be applied.
Part Four- Conditions and Obstacles of Criminal Responsibility
Chapter One- Conditions of Criminal Responsibility
Article 140– Criminal responsibility in the cases of hudud, qisas, and ta’zirat shall be established only when the individual is sane, pubescent, and free at the time of commission of the offense, with the exception of coercion to murder which has been dealt with in the Third Book “Qisas”.
Article 141– Criminal responsibility is personal.
Article 142– Criminal responsibility for conduct of another party shall be established only if the individual is deemed responsible by law for the acts of another person, or if s/he is at fault regarding the outcome of the conduct of another person.
Article 143– Regarding criminal responsibility, the natural person shall bear the responsibility by default and the legal person shall only bear the criminal responsibility if the legal representative of the legal person commits a crime under its name or in line with its interests. Criminal responsibility of legal persons shall not prevent the responsibility of natural persons who commit an offense.
Article 144– In commission of intentional offenses, in addition to knowledge of the offender about the subject of the offense, his/her intention to commit the criminal conduct shall be established. In cases of offenses in which commission of the offense is subject to materialization of the outcome, it must be established that [the offender had] the intention to achieve the outcome, or had known that the outcome would happen.
Article 145– Accomplishment of unintentional offenses is subject to establishing the fault of the offender. In cases of unintentional offenses against body and life, including quasi-intentional offenses or absolute negligence, the provisions of Books Qisas and Diyat shall be applied.
Note- Fault includes both negligence and recklessness. Indulgence, inattention, lack of skill and disregard of governmental regulations and so on, shall be considered as either negligence or recklessness, whichever is applicable.
Chapter Two- Obstacles of Criminal Responsibility
Article 146– Non-mature children have no criminal responsibility.
Article 147– The age of maturity for girls and boys are, respectively, a full nine and fifteen lunar years.
Article 148– In the cases of non-mature children, security and correctional measures shall be applied in accordance with the provisions of this law.
Article 149– When the offender at the time of commission of an offense had been suffering from a mental disorder in a way that s/he had no intention or sense of discernment, s/he shall be regarded as insane and has no criminal responsibility.
Article 150– If, at the time of commission of the offense, the offender is insane, or s/he becomes insane after the occurrence of the offense, and his/her insanity and dangerous state is established by a specialist, by the order of public prosecutor, s/he shall be kept in an appropriate place until such a dangerous state is ended. The detainee or his/her relatives can protest this order to the court; in such a case, the court, in the presence of the protestor, and considering the opinion of the specialist, shall consider the issue in an administrative session and decide to either release the detainee if it believes that the dangerous state is ended or confirm the prosecutor’s order. The decision shall be final, but the detainee or his/her relatives shall be entitled to protest against the decision if the detainee shows signs of improvement.
Note 1- If an offender of one the offenses punishable by hadd, becomes insane after the final judgment is delivered, the hadd punishment shall not be removed. If the insanity occurs before the final judgment is delivered, in the cases of hadd offenses that fall under the category of huquq-ullah (claims of God) the prosecution and trial shall be postponed until [the offender] is recovered. In the cases of offenses that fall under the category of huquq-un-nas (claims of people) such as qisas and diya, and also in which losses and damages resulted from the offense, insanity shall not prevent the prosecution and trial.
Note 2- The Judiciary is obliged to provide centers of security measures for keeping such individuals in every judicial district. Until such centers begin their work, one part of psychotherapy centers of Behzisti organization or available hospitals shall be allocated for such individuals.
Article 151– Anyone, who, as a result of an unbearable coercion, commits a conduct that is considered by law as an offense, shall not be punished. In the cases of offenses punishable by ta’zir, the coercer shall be sentenced to the punishment provided for the offender of the offense. In the cases of offenses punishable by hadd and qisas, the relevant provisions shall apply.
Article 152– If any person, during grave actual or imminent dangers such as fire, flood, storm, earthquake, or illness commits a conduct that is considered by law as an offense in order to save his/her, or someone else’s, property or life, s/he shall not be punished, provided that s/he has not caused the danger intentionally and his/her conduct is in proportion to the danger and is necessary to counter it.
Note- Those who are obliged by law or duty to counter the danger cannot refuse to perform their legal duties by resorting to this article.
Article 153– Anyone who commits conduct that is considered by law as an offense while s/he is asleep or unconscious and the like, shall not be punished; unless s/he has intentionally slept or made him/herself unconscious while being certain that s/he would commit an offense during the sleep or unconsciousness.
Article 154– Drunkenness and indetermination resulting from voluntary consumption of alcoholic beverages, narcotic and psychedelic drugs, and the like, shall not prevent punishment, unless it is proved that the offender has totally lost his will. However, if it is proved that such substances were consumed in order to commit the offense, or with the knowledge that the offense would occur, and the intended offense [actually] occurs, the offender shall be punished for both offenses.
Article 155– Ignorance about the matter of law shall not prevent the punishment of the offender, unless it is reasonably impossible for him/her to become aware [of the law], or if ignorance about the law is considered an acceptable excuse under Shari’a.
Note- Ignorance about the type or amount of the punishment shall not prevent the punishment.
Article 156– If anyone commits a conduct that is considered as an offense by law in defense of his/her, or someone else’s, life or honor or chastity or property or physical freedom, against any actual or imminent aggression or danger, provided that the stages of defense and the following conditions are met, s/he shall not be punished:
(a) The conduct committed is necessary to counter the aggression or danger.
(b) The defense is based on reasonable circumstances or rational fear.
(c) The danger and aggression are not results of the person’s voluntary action or his/her aggression and another person’s defense.
(d) Resorting to governmental forces is not practicable in a reasonable time, or the intervention of such forces is not effective in repelling the aggression and danger.
Note 1- Defending someone else’s life, honor, chastity, property, or physical freedom is permissible provided that s/he has a close relationship with the defender or the defender has a duty to defend him/her or if s/he is not able to defend him/herself or calls for help or is in a situation where they are unable to call for help.
Note 2- Where the defense is basically established but whether or not the conditions are met is not proved, it is up to the aggressor to prove that the conditions for defense are not met.
Note 3- In the cases of lawful defense, diya, too, shall not be given with the exception of defense against an insane person in which case the diya shall be paid from beyt-ul-mal (public treasury).
Article 157– Resistance against police forces and other law enforcement officials whilst performing their duties shall not be considered a defense; however, if such forces exceed the scope of their duties and, on the basis of reasons and circumstances, there is a fear that their actions may cause death or injury or violation of honor or chastity, then, such a defense shall be permissible.
Article 158– In addition to the cases mentioned in previous articles, committing conduct which is considered by law as an offense, shall not be punished in the following cases:
(a) If the commission of the conduct is mandated or permitted by law.
(b) If the commission of the conduct is necessary for enforcement of a more important law.
(c) If the conduct is committed upon the lawful order of a competent authority and the aforementioned order is not against Shari’a.
(d) The acts committed by parents and legal guardians of minors and insane people in order to chastise or protect them provided that such actions are exercised within the customary limits and religious limits for chastisement and protection.
(e) Athletic exercises and the accidents arising from them, provided that the causes of the accidents are not the violation of relevant rules of that sport, and such regulations do not violate the rules of Islamic Shari’a.
(f) Every legitimate surgical or medical operation which is done by the consent of the patient or his/her parents or natural or legal guardians, or legal representatives, with due consideration given to technical and medical and governmental regulations. In emergency cases obtaining consent is not required.
Article 159– When an offense is committed in compliance with an unlawful order of an official authority, both the commanding official and the offender shall be sentenced to the punishment provided by law. But for the offender who has committed the act in reliance on an acceptable mistake and on the assumption that it was lawful, s/he shall not be punished but the provisions of diya and financial compensation are applicable.
Part Five- Evidence Rules in Criminal Cases
Chapter One- General Articles
Article 160– Evidence [admissible] for proof of crimes are confession, testimony, qasaameh, and oath in the cases specified by law and also knowledge of the judge.
Note- Rules and conditions of qasaameh which are admissible for proof or refusal of qisas and diya, are dealt with in the Books “Qisas” and “Diyat” of this law.
Article 161– In cases where the criminal claim can be proved by relative evidence prescribed by Shari’a, the judge shall deliver the judgment on the basis of that evidence, unless it is contrary to his knowledge.
Article 162– Where the relevant evidence does not meet the requirements provided in law and Shari’a, they can be used as judicial signs [hearsay evidence] provided that, together with other circumstantial and hearsay evidences, they result in the knowledge of the judge.
Article 163– If after a judgment is executed, the evidence that was relied on to prove the offense is annulled, for example if it is proved in a court that the offender has been someone else or the offense has never happened, and as a result of execution of the judgment, the accused has suffered from physical or financial losses or has lost his/her life, those to whom the loss or damage is attributable, including one who has sworn, the complainant, or witness shall be sentenced to qisas, or diya or the ta’zir punishment, whichever is applicable, as prescribed in law, and compensation of financial losses.
Chapter Two- Confession
Article 164– Confession is defined as declaration of a person of commission of an offense by him/herself.
Article 165– Statements of an attorney/representative against the client, as well as natural or legal guardians against their wards shall not be considered as a confession.
Note- Confession of commission of an offense cannot be authorized to a third party.
Article 166– Confession must be made by [saying the] words or in writing; and, if [the above mentioned ways] are not possible, it can be made by an act such as a gesture; and in any event it should be clear and unambiguous.
Article 167– Confession must be incontrovertible; and, a conditional and suspended confession shall not be considered.
Article 168– A confession shall be admissible only if at the time of confession the confessor is sane, pubescent, intended [to make the confession] and free.
Article 169– A confession which is taken under coercion, force, torture, or mental or physical abuses, shall not be given any validity and weight and the court is obliged to interrogate the accused again.
Article 170– Confession of an individual who has no competence in financial issues according to a court decision, and also that of a bankrupt [individual], shall be admissible in criminal matters; however their confessions shall be inadmissible regarding the financial liability resulting from the offense.
Article 171– If an accused confesses to commission of an offense, his/her confession shall be admissible and there is no need for further evidence; unless according to the examination made by the trial judge, there is circumstantial and hearsay evidence contrary to the confession, in which case the court shall make the required investigation and examination and stipulate the contrary circumstantial and hearsay evidence in the judgment.
Article 172– Confession for one time shall be enough for all offenses, except for the following offenses which require [a different standard] as explained below:
(a) Four times in the cases of zina, livat, tafkhiz, and musaheqeh
(b) Two times in the cases of consumption of intoxicants, procuring/pandering, qazf, and a theft punishable by hadd
Note 1- In order to prove the non-criminal aspects of all offenses, a confession made only one time shall suffice.
Note 2- In cases where confession for more than one time is required, the confession can be made in one or more session(s).
Article 173– The denial after confession shall not result in removal of the punishment except for confession to an offense which is punishable by stoning or the death penalty as a hadd punishment, in which case, at any stage, even during the execution, the aforementioned sentence shall be removed and, instead, one hundred lashes in the case of zina and livat, and a ta’zir imprisonment of the fifth degree in other offenses, shall be given.
Chapter Three- Testimony
Article 174– Testimony is defined as declaration of a third party of commission or non-commission of an offense by the accused, or any other matter before the judicial authority.
Article 175– An admissible testimony under Shari’a is one recognized by the lawmaker as valid and ultimate proof, whether or not it results in the knowledge [of the judge].
Article 176– If the witness does not meet the requirements provided for an admissible testimony under Shari’a rules, his/her statements shall be heard. [However,] such statements shall be regarded as judicial signs (hearsay evidence) and the validity and weight given to them in the knowledge of the judge shall be decided by the court.
Article 177– An admissible witness under Shari’a rules shall meet the following requirements:
(e) Legitimacy of birth [born in wedlock]
(f) Not being a beneficiary to the claim
(g) Not being in conflict with any or both of the parties
(h) Not chosen beggary as his/her occupation
(i) Not being a vagrant
Note 1- The judge shall confirm that the requirements mentioned in this article are met.
Note 2- Regarding the requirement of ‘not being in conflict’, if the witness’s testimony is in favor of the party s/he is in conflict with, it shall be accepted.
Article 178– Testimony of a periodically insane person shall be accepted when s/he is in a period of recovery, provided that the subject matter of the testimony, too, has happened in a period of recovery.
Article 179– If a witness is a non-pubescent who can discern between good and evil at the time that the subject matter of the testimony happened, but s/he has reached the age of puberty at the time of giving testimony, his/her testimony shall be admissible.
Article 180– Testimony of abnormal people such as a forgetful or amnesic person shall not be accepted as an admissible testimony under Shari’a rules, unless the judge believes that s/he has not forgotten or mistaken, etc the subject matter of the testimony.
Article 181– A just person is a person that in the eyes of the judge, or the [third] person who testifies to confirm his/her justice, is not sinful. Testimony of a person who is infamous for corruption, or commits capital sins or insists on commission of minor sins, shall not be accepted, until it is confirmed that s/he had changed his/her behavior and there is no doubt about his/her competence and just nature.
Article 182– Regarding admissible testimony under Shari’a rules, if there is more than one witness, it is necessary that they testify about the same subject matter, and the contents of their testimonies show no difference in relation to the facts and conditions which are effective in proving the offense. Where the contents of the testimonies are contradictory or are not about the same subject matter, it shall not be accepted as an admissible testimony under Shari’a rules.
Article 183– Testimony must be made with certainty and without doubt and be based on what is experienced by the person’s own senses and through a reasonable way.
Article 184– Testimony must be made by [saying the] words or in writing; and, if [the above mentioned ways] are not possible, it can be made by an act such as a gesture; and in any event it should be clear and unambiguous.
Article 185– If two testimonies which are admissible under Shari’a are contradictory none of them shall be admissible.
Article 186– If it is impossible for a witness to be present, his/her testimony shall be admissible in writing or live or recorded audio-video format, subject to the requirements and provided that it is certified that [the writing or recording] is attributable to [the witness].
Article 187– Regarding the admissible testimony under Shari’a, there must be no adverse knowledge/certainty against the content of the testimony. If there is circumstantial and hearsay evidence contrary to the admissible testimony under Shari’a, the court shall make the required investigations and examinations and if it concludes that the testimony lacks veracity, the testimony shall be inadmissible.
Article 188– A hearsay testimony [which reports to the court] of an admissible witness statement under Shari’a [made by a third party out of the court] shall be admissible only if the main witness is dead or is unable to attend because of absence, illness, etc.
Note 1- A witness of a hearsay testimony must meet the requirements provided for the main witness.
Note 2- A hearsay testimony of a further hearsay testimony shall not be admissible.
Article 189– Offenses punishable by hadd and ta’zir cannot be proved by a hearsay testimony; however, qisas, diya, and financial liability [resulting from an offense] can be proved by it.
Article 190– If the main witness, after the hearsay witness(es) gave their testimonies and before the judgment is delivered, denies their testimonies, the testimonies of the hearsay witnesses shall be inadmissible; however there must be no effect given to the denial after the judgment is delivered.
Article 191– A witness’ credibility who meets the requirements under Shari’a can be attacked (jarh) and supported (ta’dil). [Therefore,] someone can testify that the witness is lacking the legal requirements provided for an admissible witness under Shari’a, which is called jarh; and [alternatively], someone else can testify that the witness is meeting such requirements for an admissible witness under Shari’a, which is called ta’dil.
Article 192– The judge is obliged to declare to the parties that they have a right to attack (jarh) and/or support (ta’dil) the witnesses.
Article 193– An attack on the credibility (jarh) of an admissible witness under Shari’a shall be made before s/he gives testimony; unless, the reasons for the attack on credibility (jarh) is revealed after the testimony is given. In such a case, attack on credibility (jarh) shall be made before the judgment is delivered, and in any event the court is obliged to hear the credibility (jarh) and make a decision.
Article 194– If a witness is rejected by the judge or his/her credibility is attacked (jarh), [the burden of proof is on] the party who claims the witness meets the requirements and s/he shall give evidence to prove it.
Article 195– In attacking (jarh) or supporting (ta’dil) a witness’ credibility, it is not necessary to mention the grounds, and the mere testimony to question or support the witness’ credibility shall be sufficient, provided that the witness meets the requirements provided by Shari’a.
Note- In establishing or refusing the requirement of justice, the witness [who testifies for or against a main witness] must have knowledge about meeting or lacking the requirement of justice; and a mere reliance on a plausible demeanor shall not be sufficient for the purpose of establishing the requirement of justice.
Article 196– If the testimonies of the witnesses who are attacking (jarh) or supporting (ta’dil) a witness’ credibility are contradictory they shall not be admissible.
Article 197– Where the court does not approve that the testifying witnesses meet the legal requirements; otherwise, it shall not consider the testimony as admissible under Shari’a; and if it does not have information about their status, shall postpone the trial for a period not more than ten days in order to examine their conditions and establish their status, and, then, it shall make the decision, unless, in the judge’s opinion, it is not possible to establish their conditions within ten days.
Article 198– Withdrawal of an admissible testimony which meets the requirements under Shari’a rules, if made before the punishment is executed, shall invalidate the testimony; and, it shall not be admissible to revive a testimony after it is withdrawn.
Article 199– The standard [of proof] for testimony in all offenses shall be two male witnesses; unless in zina, livat, tafkhiz, and musaheqeh which shall be proved by four male witnesses. In order to prove a zina punishable by the hadd punishment of flogging, shaving [of head] and/or banishment, testimony of two just men and four just women shall be sufficient. If the punishment provided is other than the above, testimony of at least three men and two women shall be required. In such cases, if two just men and four just women testify for the offense, only the hadd punishment of flogging shall be given. Bodily offenses punishable by diya shall also be proved by one male witness and two female witnesses.
Article 200– Regarding testimony in the cases of zina or livat, the witness must have personally seen the act by which zina or livat occurs, and if their testimonies are not based on eye-witnessing, and also if the number of witnesses does not meet the number required [by law], such testimonies in the cases of zina and livat shall be considered as qazf and punishable by a hadd punishment.
Chapter Four- Oath
Article 201– Oath is defined as calling for the God to be the witness of truthfulness of the person who takes the oath.
Article 202– The person who takes the oath shall be sane, pubescent, intending [to take the oath] and free.
Article 203– The oath must be taken as ordered by the court using the holy oaths of “vallah”, “tallah” or “bellah” or by saying the God almighty’s name in other languages, and if it is required to intensify the oath, provided that the person who takes the oath agrees, the court shall determine the conditions under which the oath should be taken, including the time, place, wording, etc. In any event, there shall be no difference between a Muslim and non-Muslim in taking an oath to the God almighty’s name.
Article 204– The oath must be in conformity with the claim, clearly show the intention without any ambiguity, and shall be said with certainty and without any doubt.
Article 205– The oath must be taken by [saying the] words; and, if it is not possible, it can be taken in writing or by a gesture which is clear and shows the intention.
Article 206– In cases where the gesture is not understandable, or if the judge is unfamiliar with the language of the person who takes the oath, the court shall discover his/her intention by using an interpreter or expert.
Article 207– An oath shall be effective only in relation between the parties to the claim and their successors.
Article 208– Hudud and ta’zirat cannot be proved or denied by an oath; however, qisas, diya, arsh (unfixed type of compensation for bodily injuries), and losses and damages resulting from the offense, can be proved by oath according to the provisions of this law.
Article 209– Where, in financial claims such as diya for bodily offenses, and also in claims which are about claiming a sum of money such as a negligent or quasi-intentional bodily offense which must be compensated by a diya, the private claimant is unable to provide an admissible evidence which meets the requirements under Shari’a, s/he [still] can produce one male witness or two female witnesses together with an oath and prove the financial part of his/her claim.
Note- In the cases mentioned in this article, the witness who meets the requirements shall give his/her testimony first and then the claimant shall take the oath.
Article 210– Where it is proved that an oath is a lie or the person who has taken an oath does not meet the requirements prescribed by law, such an oath shall be inadmissible.
Chapter Five- Knowledge of the Judge
Article 211– Knowledge of the judge is defined as a certainty resulting from manifest evidence in a matter brought before him. In cases where a judgment is based on the knowledge of the judge [as the proof of the offense], he is obliged to stipulate in the judgment the manifest circumstantial and hearsay evidence that has been the source of his knowledge.
Note- Means such as an expert opinion, examining the place, local inquiries, statements of people aware [of an issue], reports of law enforcement officers, and other circumstantial and hearsay evidence that typically results in knowledge [about a matter] can be referred to as sources of the knowledge of the judge. In any event, a mere perceptive knowledge that typically does not result in the knowledge of the judge cannot be regarded as a deciding factor in delivering a judgment.
Article 212– If the knowledge of the judge is contradictory to other legal evidence, if the knowledge remains manifest [untouched], such evidence shall not be admissible for the judge, and the judge, explaining the reasons for his knowledge and the grounds for rejecting other evidence, shall deliver the judgment. If the judge does not arrive at certainty/knowledge, legal evidence shall be admissible and he shall deliver the judgment on their basis.
Article 213– In [the case of] conflicting evidence, confession must be given priority over testimony which meets the requirements under Shari’a, qasameh, and oath. Also, testimony which meets the requirements under Shari’a must have priority over qasameh, and oath.
Part Six- Miscellaneous Issues
Article 214– An offender must return the same property gained as a result of a crime to its owner, and if the same property does not exist anymore s/he must return a similar one, and if it is not possible to return a similar one, must pay its price to the owner, and [in all cases] must compensate the damages. Where an offender must pay a sum of money as a criminal sentence, the priority must be given to return the property [gained as a result of a crime] and compensation of private claimants.
Article 215– In case of issuance of orders of non-prosecution or cessation of persecution, the interrogator or prosecutor shall decide what should be done with the property and the objects that are found as the proof or instrument of the offense or acquired as a result of committing the offense or have been, or intended to be, used during the offense, as whether they are to be returned or confiscated or destroyed, whichever is appropriate. In case of confiscation, the court shall decide on the property and objects. Furthermore, the interrogator or prosecuting attorney, at the request of the beneficiary, shall issue the order of restoration of the abovementioned property and objects in accordance with the following conditions:
(a) All or part of the objects and property that are not needed for the purpose of investigation or legal procedure.
(b) The objects and property that are unclaimed [by a third party].
(c) They are not among those objects or property subject to confiscation or destruction.
In all criminal cases, while issuing its judgment or order, or thereafter, whether convicting or declaring the accused innocent or issuing the order for cessation of prosecution, the court shall issue a judgment regarding the objects and property that are used as the instrument or acquired as a result of the offense or have been, or were intended to be, used during the offense, in regards to whether they should be returned or confiscated or destroyed.
Note 1 -The person affected by the order of interrogator or prosecutor or by the judgment or order of the court, according to the regulations, may file a complaint to the criminal court and request a review of their decisions on the objects and property cited in this article; even though the order or judgment of the court regarding the criminal aspect is not challengeable.
Note 2 -The property, for which its maintenance requires undue expense by the government or causes its decay or gross loss of value, and for which preservation of the property is not necessary for the judicial procedure, as well as perishable properties, shall be sold at the price of the day, by the order of the public prosecutor or the court; and the proceedings shall be deposited in the account of the judicial administration until the final determination is made.
Article 216– Execution of hadd, qisas, and ta’zir punishments shall be in accordance with regulations that shall be prepared and served by the Head of Judiciary within six months after this law comes into force.
BOOK TWO – HUDUD
Part One- General Articles
Article 217– In cases of offenses punishable by hadd, the offender shall be liable only if, in addition to having knowledge, intention, and meeting the requirements for criminal responsibility, is aware of the prohibition of the conduct committed under Shari’a rules.
Article 218– In the cases of offenses punishable by hadd, if the accused claims that s/he, at the time of commission of the offense, did not have the knowledge or intention [to commit the offense], or [if s/he claims that] one of the obstacles to criminal liability exists, in the case that there is the likelihood of veracity of the claim, or if s/he claims that his/her confession has been made under threat or fear or torture, the claim shall be accepted without [resorting to] testimonies and oaths.
Note 1- In the cases of offenses of moharebeh, efsad-e-fel-arz, and indecent offenses committed by coercion, force, abduction, or deception, a mere claim cannot remove the hadd punishment and the court must carry out examination and investigation.
Note 2- Confession shall be admissible only if made before the judge in the court.
Article 219– The court cannot change the conditions, type, and amount of hadd punishments or reduce or replace, or remove the [hadd] punishment. Such punishments can only be removed, reduced, or replaced through repentance and pardon under the conditions prescribed in this law.
Article 220– Regarding the hadd punishments that are not mentioned in this law Article one hundred and sixty seven (167) of the Islamic Republic of Iran’s Constitution shall be applicable.
Part Two- Offenses punishable by Hadd
Chapter One- Zina
Article 221– Zina is defined as sexual intercourse of a man and a woman who are not married to each other, and also provided that the intercourse is not done by mistake.
Note 1- A sexual intercourse occurs when the sex organ (penis) of a man, up to the point of circumcision, enters into the vagina or anus of a woman.
Note 2- If both parties or one of them are non-pubescent, zina occurs but for the non-pubescent [party(parties)] the hadd punishment shall not be given, but instead they shall be sentenced to security and correctional measures mentioned in the first book of this law.
Article 222– Sexual intercourse with a dead person shall be regarded as zina, unless a husband has sexual intercourse with his deceased wife, which is not zina; but, shall be punishable by thirty one to seventy four lashes of ta’zir punishment of the sixth grade.
Article 223– Where a person who is charged with zina, claims that s/he has been married to the other party or he has engaged in intercourse as a result of a mistake, his/her claim shall be accepted without [resorting to] testimonies and oaths, unless it is proved otherwise by an ultimate proof that meets the requirements under Shari’a.
Article 224– In the following cases the hadd punishment for zina is the death penalty:
(a) Zina with blood relatives who are prohibited to marry.
(b) Zina with a step-mother; in which case, the man who committed zina shall be sentenced to the death penalty.
(c) Zina of a non-Muslim man with a Muslim woman; in which case, the man who committed zina shall be sentenced to the death penalty.
(d) Zina committed by coercion or force [i.e. rape]; in which case, the man who committed zina by coercion or force shall be sentenced to the death penalty.
Note 1- Punishment of the woman who has committed zina in paragraphs (b) and (c) shall be in accordance with other provisions of zina.
Note 2- The conduct of anyone who commits zina with a woman who did not consent to engage in zina with him, while she is unconscious, asleep, or drunk, shall be regarded as zina committed by coercion [i.e. rape]. In cases of zina by deceiving and enticing a non-pubescent girl, or by abducting, threatening, or intimidating a woman, even if she surrenders herself as a result of that, the abovementioned rule shall apply.
Article 225– The hadd punishment for zina of a man and a woman who meet the conditions of ihsan shall be stoning to death. Where the execution of stoning is not possible, upon proposal of the court of final judgment and approval of the Head of Judiciary, if the offense is proved by testimony of witnesses, the man and a woman who have committed zina and meet the conditions of ihsan shall be sentenced to the death penalty [hanging]; otherwise, each one of them shall be given one hundred lashes.
Article 226– Ihsan shall be established for both men and women according to the following:
(a) Ihsan of a man is defined as a status that a man is married to a permanent and pubescent wife and has had vaginal intercourse with her whilst he has been sane and pubescent and can have vaginal intercourse with her whenever he so wishes.
(b) Ihsan of a woman is defined as a status that a woman who is married to her permanent and pubescent husband and the husband has had vaginal intercourse with her whilst she was sane and pubescent and she is able to have vaginal intercourse with her husband.
Article 227– The parties to a marriage shall not meet the conditions of ihsan [mentioned in article 226] during periods such as travel, imprisonment, menstruation, lochia, any illness that prevents sexual intercourse, or any illness that puts the other party at risk such as AIDS and syphilis.
Article 228– In the case of a zina with blood relatives who are prohibited to marry and a zina that the offender meets the conditions of ihsan, if the woman who has committed zina is pubescent and the man who has committed zina is non-pubescent, the woman shall only be sentenced to one hundred lashes.
Article 229– If a man who is married to his permanent wife commits zina prior to any sexual intercourse [with his wife], he shall be sentenced to the hadd punishment of one hundred lashes and shaving his head, and banishment for one year.
Article 230– In cases where the offender does not meet the conditions of ihsan [mentioned in article 227], the hadd punishment for zina shall be one hundred lashes.
Article 231– In the case of zina committed by coercion or force [i.e. rape], if the woman is a virgin, the offender, in addition to the punishment provided, shall be convicted to pay the compensation for virginity and a mahr-ul-methl (a type of mahr that shall be paid to a woman at the rate payable for other women in a similar position); and if she is not a virgin, the offender shall be sentenced to the punishment and payment of a mahr-ul-methl.
Article 232– Where a man or woman confesses to zina less than four times, s/he shall be sentenced to thirty-one to seventy-four lashes of ta’zir punishment of the sixth grade. The same punishment mentioned in this article shall be applicable in the cases of livat, tafkhiz, and musaheqeh.
Chapter Two- Livat, Tafkhiz, and Musaheqeh
Article 233– Livat is defined as penetration of a man’s sex organ (penis), up to the point of circumcision, into another male person’s anus.
Article 234– The hadd punishment for livat shall be the death penalty for the insertive/active party if he has committed livat by using force, coercion, or in cases where he meets the conditions for ihsan; otherwise, he shall be sentenced to one hundred lashes. The hadd punishment for the receptive/passive party, in any case (whether or not he meets the conditions for ihsan) shall be the death penalty.
Note 1- If the insertive/active party is a non-Muslim and the receptive/passive party is a Muslim, the hadd punishment for the insertive/active party shall be the death penalty.
Note 2- Ihsan is defined as a status that a man is married to a permanent and pubescent wife and whilst he has been sane and pubescent has had a vaginal intercourse with the same wife while she was pubescent, and he can have an intercourse with her in the same way [vaginal] whenever he so wishes.
Article 235– Tafkhiz is defined as putting a man’s sex organ (penis) between the thighs or buttocks of another male person.
Note- A penetration [of a penis into another male person’s anus] that does not reach the point of circumcision shall be regarded as tafkhiz.
Article 236– In the case of tafkhiz, the hadd punishment for the active and passive party shall be one hundred lashes and it shall make no difference whether or not the offender meets the conditions of ihsan [mentioned in note 2 of article 234], or whether or not [the offender] has resorted to coercion.
Note- If the active party is a non-Muslim and the passive party is a Muslim, the hadd punishment for the active party shall be the death penalty.
Article 237– Homosexual acts of a male person in cases other than livat and tafkhiz, such as kissing or touching as a result of lust, shall be punishable by thirty-one to seventy-four lashes of ta’zir punishment of the sixth grade.
Note 1- This article shall be equally applicable in the case of a female person.
Note 2- This article shall not be applicable in the cases punishable by a hadd punishment under Shari’a rules.
Article 238– Musaheqeh is defined as where a female person puts her sex organ on the sex organ of another person of the same sex.
Article 239– The hadd punishment for musaheqeh shall be one hundred lashes.
Article 240– Regarding the hadd punishment for musaheqeh, there is no difference between the active or passive parties or between Muslims and non-Muslims, or between a person that meets the conditions for ihsan and a person who does not, and also whether or not [the offender] has resorted to coercion.
Article 241– In the cases of indecent offenses, in the absence of admissible legal evidence and with denial of the accused, any type of investigation and interrogation in order to discover hidden affairs and things concealed from the public eye shall be prohibited. In cases with the possibility of commission of an offense with force, coercion, assault, abduction, or deception, or cases which are considered as commission [of an offense] with resorting to force, this rule shall not be applicable.
Chapter Three- Procuring/Pandering
Article 242– Procuring/pandering is defined as [the act of] connecting two or more people together in order to commit zina or livat.
Note 1- The hadd punishment for procuring/pandering is subject to commission of the zina or livat; otherwise, the offender shall be punishable by the ta’zir punishment prescribed in article 244 of this law.
Note 2- In procuring/pandering, reoccurrence of the act shall not be necessary for commission of the offense.
Article 243– The hadd punishment for procuring/pandering is seventy-five lashes for men; and if committed for the second time, in addition to the hadd punishment of seventy-five lashes, [the offender] shall be sentenced to banishment from [his] area for a period of up to one year at the discretion of the judge, and it is only seventy-five lashes for women.
Article 244– Anyone who connects two or more non-pubescent persons together in order to commit zina or livat shall not be punishable by a hadd punishment but shall be sentenced to thirty-one to seventy-four lashes and a ta’zir imprisonment of the sixth degree.
Chapter Four- Qazf [false accusation of sexual offenses]
Article 245– Qazf is defined as a false accusation of zina or livat against someone else, even a dead person.
Article 246– Qazf must be clear and unambiguous and the accuser must be aware of the meaning of the word and have the intention to accuse, even though the victim, or listener, to the qazf, are not aware of its content at the time of commission of the qazf.
Note- In addition to oral and written, a qazf can be committed by electronic means as well.
Article 247– If a person tells his/her legitimate child “you are not my child”, or, if they tell someone else’s legitimate child “you are not your father’s child”, it shall be considered as qazf against his/her mother.
Note- If there is an indication that qazf is not intended, then, the hadd punishment shall not be given.
Article 249– If a person tells another person “you have committed zina with that woman or livat with that man”, s/he shall be only regarded as having committed a qazf against the addressee.
Article 250– The hadd punishment for qazf is eighty lashes.
Article 251– Qazf shall result in the hadd punishment when the person who is the subject of the qazf is pubesecent, sane, Muslim, specified [by the offender], and it is not evident that s/he commits zina or livat.
Note 1- If the person who is the subject of the qazf is non-pubescent, insane, non-Muslim, or unspecified [by the offender], the offender shall be sentenced to thirty-one to seventy-four lashes of ta’zir flogging of the sixth grade; however, it is not punishable to commit qazf against someone where it is evident that s/he commits zina or livat.
Note 2- In the commission of qazf against someone where it is evident that s/he commits zina or livat, if s/he is accused of what is not evident about him/her, shall be punishable by the hadd punishment, such as accusing someone of livat while it is evident that he commits zina.
Article 252– If a person, intending to accuse another person of zina or livat, uses different words than zina or livat which clearly accuse the addressee’s wife, father, mother, sister, brother, etc of zina or livat, the accuser, in regards to the accused person [i.e. the wife or mother or sister], shall be sentenced to the hadd punishment for qazf; and, in regards to the addressee who has been hurt by the accusation, [the accuser] shall be sentenced to the punishment prescribed for insult.
Article 253– Anyone who accuses another person of zina or livat which are not punishable by hadd, such as zina or livat under coercion or while s/he was non-pubescent, shall be sentenced to thirty-one to seventy-four lashes of ta’zir flogging of the sixth degree.
Article 254– It shall not be punishable to attribute zina or livat to a person who has been convicted to the hadd punishment for the same zina or livat, provided that it is before the addressee repents.
Article 255– The hadd punishment prescribed for qazf is a haq-un-nas (claim of people) and its prosecution and execution of the punishment shall be subject to the request of the victim of the qazf. If the victim of the qazf forgives [the offender] at any stage, the prosecution, trial, and execution of the punishment, whichever is applicable, shall be ceased.
Article 256– When a person commits qazf against more than one person separately, s/he shall receive the hadd punishment for the qazf of each person separately, whether the victims ask for hadd punishment together or separately.
Article 257– When a person, in the same statement, commits qazf against more than one person, each victim can separately make a complaint and ask for execution of the punishments if given by the court. However, if the victims of the qazf make a [collective] complaint together, s/he shall be sentenced to only one hadd punishment.
Article 258– If [a person] commits qazf against another person one, or more, time(s), with the same or different accusation(s), before the hadd punishment is executed, only one hadd punishment shall be given; however, if s/he repeats the qazf after receiving the hadd punishment, the hadd punishment shall be repeated, and if s/he insists what s/he said was right, s/he shall be sentenced to thirty-one to seventy-four lashes of ta’zir flogging of the sixth degree.
Article 259– If a father or parental grandfather commits qazf against his child [or grandchild] he shall be sentenced to thirty-one to seventy-four lashes of ta’zir flogging of the sixth degree.
Article 260– The hadd punishment for qazf, if neither executed nor forgiven by the victim, shall be transferred to the heirs [after the victim’s death] but the wife or husband; and every one of the heirs can request the prosecution or execution of hadd punishment, although the rest of the heirs have forgiven.
Article 261– No matter at which stage the case is, the hadd punishment for qazf shall be removed in the following cases:
(a) When the victim confirms the person who committed the qazf.
(b) When what is attributed to the victim of the qazf is proved either by testimony of witnesses or knowledge of the judge.
(c) When the victim of the qazf, and the case of his/her death, his/her heirs, forgive(s) [the offender]
(d) When a man commits qazf against his wife and then carries out le’ān [imprecation; a specific religious procedure in which a husband accuses his wife of committing zina and imprecates himself if he lies. As a result their marriage shall be terminated] accusing her of a zina committed before or during the marriage.
(e) When two persons commit qazf against each other, whether their accusations are similar or different.
Note- The offenders of paragraph (e) shall be sentenced to thirty-one to seventy-four lashes of ta’zir flogging of the sixth degree.
Chapter Five- Sabb-e nabi (Swearing at the Prophet)
Article 262– Anyone who swears at or commits qazf against the Great Prophet [of Islam] (peace be upon him) or any of the Great Prophets, shall be considered as Sāb ul-nabi [a person who swears at the Prophet], and shall be sentenced to the death penalty.
Note- Commission of qazf against, or swearing at, the [twelve] Shi’ite Imams (peace be upon them) or the Holy Fatima (peace be upon her) shall be regarded as Sab-e nabi.
Article 263– When the accused of a sabb-e nabi (swearing at the Prophet) claims that his/her statements have been under coercion or mistake, or in a state of drunkenness, or anger or slip of the tongue, or without paying attention to the meaning of the words, or quoting someone else, then s/he shall not be considered as Sāb ul-nabi [a person who swears at the Prophet].
Note- When a sabb-e nabi (swearing at the Prophet) is committed in the state of drunkenness, or anger or quoting someone else, if it is considered to be an insult, the offender shall be sentenced to a ta’zir punishment of up to seventy-four lashes.
Chapter Six- Consumption of intoxicants
Article 264– Consuming, including drinking, injecting, smoking, etc, of an intoxicant, whether [the amount] is a little or a lot, fluid or solid, intoxicated or not, pure or mixed, provided that the mixture does not exceed a certain limit so that it is not intoxicating any longer, shall be punishable by the hadd punishment.
Note- Consuming beer shall be punishable by the hadd punishment, even if it does not result in drunkenness.
Article 265– The hadd punishment for consumption of intoxicants is eighty lashes.
Article 266– A non-Muslim shall be sentenced to the hadd punishment only if s/he publicly consumes intoxicants.
Note- If consumption of alcohol by non-Muslims is not committed in public, but if the offender appears in public roads and places while s/he is drunk, he shall be sentenced to the punishment prescribed for openly committing a harām (sinful) act [art 638 of the Fifth Book].
Chapter Seven- Theft
Article 267– Theft is defined as stealing someone else’s property.
Article 268– Theft shall be punishable by hadd punishment provided that all the following conditions are met:
(a) The stolen property has a legitimate value.
(b) The stolen property was placed in herz [a secure place]
(c) The thief breached the herz [the secure place].
(d) The thief takes out the property from the herz [the secure place].
(e) The theft and breaching the herz [the secure place] are committed secretly.
(f) The thief was not the father or paternal grandfather of the owner.
(g) The stolen property, at the time it was taken out from the herz [the secure place] has a value equal to four and a half nokhod [a traditional unit of weight] of coined gold [equal to 0.87 g]
(h) The stolen property is not the property of the government or a public property or a public endowment or an endowment for public good.
(i) The theft was not committed in a time of famine
(j) The owner of the property makes a complaint against the thief before judicial bodies
(k) The owner of the property has not forgiven the thief prior to the proof of the theft
(l) The stolen property is not returned to the owner prior to the proof of the theft
(m) The stolen property is not entered into the thief’s ownership prior to the proof of offense
(n) The stolen property has not been gained through theft or usurpation
Article 269– Herz is defined as an appropriate place where the property is conventionally/reasonably secure from theft.
Article 270– If the place of keeping the property has been usurped from a person, it shall not be regarded as herz in relation to him/her and those who are authorized by him/her to have access to that place.
Article 271– Breach of herz is defined as an unlawful/unauthorized breach of a herz which can be committed through destroying or climbing a wall, opening or breaking a lock, and the like.
Article 272– If a person takes out the property from the herz by an insane person or a non-discerning child or an animal or any intention-less tool, s/he shall be regarded as the principal to the offense; and if the principal to the offense is a discerning child the conduct of the person who has issued the command(s) shall be punishable by the punishment prescribed for ta’zir thefts.
Article 273– If a property is placed in more than one herz, the offense is accomplished when the property is taken out from the most exterior herz.
Article 274– The minimum value of the stolen property [prescribed in paragraph (g) of article 268] must be stolen in a single theft.
Article 275– If two or more persons steal a property together, the share of each person shall reach the minimum value of the stolen property [prescribed in paragraph (g) of article 268].
Article 276– If a theft does not meet the conditions of the hadd punishment, it shall be punishable by the punishment prescribed for ta’zir thefts.
Article 277– If a partner, or owner of right, in a property, steals more than his/her share, and the extra amount reaches the minimum value of the stolen property [prescribed in paragraph (g) of article 268] s/he shall be sentenced to the hadd punishment.
Article 278– The hadd punishment for theft is as follows:
(a) On the first occasion, amputation of the full length of four fingers of the right hand of the thief in such a manner that the thumb and palm of the hand remain.
(b) On the second occasion, amputation of the left foot from the end of the knob [on the foot] in such a manner that half of the sole and part of the place of anointing [during ablution] remain.
(c) On the third occasion, life imprisonment.
(d) On the fourth occasion, the death penalty even though the theft is committed in prison.
Note 1- When the thief is lacking the limb which shall be amputated, s/he shall be sentenced to the punishment prescribed for ta’zir thefts.
Note 2- Regarding paragraph (c) of this article and other thefts that do not fall under the category of ta’zir, if the offender repents during the execution of the punishment, and the Supreme Leader agrees with his/her release, s/he shall be pardoned and released. In addition the Supreme Leader can replace his/her punishment with another ta’zir punishment.
Chapter Eight- Moharebeh
Article 279– Moharebeh is defined as drawing a weapon on the life, property or chastity of people or to cause terror as it creates the atmosphere of insecurity. When a person draws a weapon on one or several specific persons because of personal enmities and his act is not against the public, and also a person who draws a weapon on people, but, due to inability does not cause insecurity, shall not be considered as a mohareb [i.e. a person who commits moharebeh].
Article 280– Any person or group that resorts to weapons in order to fight with moharebs shall not be considered as a mohareb.
Article 281– Robbers, thieves, or smugglers who resort to weapons and disrupt public security or the security of roads, shall be considered as a mohareb.
Article 282– The hadd punishment for moharebeh is one of the following four punishments:
(a) The death penalty (hanging)
(c) Amputation of right hand and left foot
Article 283– The judge has the discretion of choosing one of the four punishments prescribed in article 282.
Article 284– In any case, the length of the banishment shall not be less than one year even though the mohareb has repented after arrest; and if s/he does not repent s/he shall remain banished.
Article 285– In the case of banishment, the mohareb shall be put under supervision and be banned from associating, contacting, and socializing with other people.
Chapter Nine- Baqŷ (Rebellion) and Efsad-e-fel-arz (Corruption on Earth)
Article 286– Any person, who extensively commits felony against the bodily entity of people, offenses against internal or international security of the state, spreading lies, disruption of the economic system of the state, arson and destruction of properties, distribution of poisonous and bacterial and dangerous materials, and establishment of, or aiding and abetting in, places of corruption and prostitution, [on a scale] that causes severe disruption in the public order of the state and insecurity, or causes harsh damage to the bodily entity of people or public or private properties, or causes distribution of corruption and prostitution on a large scale, shall be considered as mofsed-e-fel-arz [corrupt on earth] and shall be sentenced to death.
Note- When, considering all the evidence and circumstances, the court does not establish the intention to cause extensive disruption in the public order, or creating insecurity, or causing vast damage or spreading corruption and prostitution in a large scale, or the knowledge of effectiveness of the acts committed, provided that the offense committed is not punishable under the title of a different offense, it shall sentence the offender to a ta’zir imprisonment of the fifth or sixth degree, considering the harmful consequences of the offense.
Article 287– Any group that wages armed rebellion against the state of the Islamic Republic of Iran, shall be regarded as moharebs, and if they use [their] weapon, its members shall be sentenced to the death penalty.
Article 288– When members of the rebel group are arrested before any conflict occurs or a weapon is used, if the organization or core of that group exists, they shall be sentenced to a ta’zir imprisonment of the third degree, and if the organization or core of that group cease to exist, they shall be sentenced to a ta’zir imprisonment of the fifth degree.