Islamic Penal Code of the Islamic Republic of Iran: Book Five

Incorporating all amendments up to January 2012

Adopted by the Legal Affairs Commission of the Islamic Consultative Assembly on Tuesday 30/07/1991

Table of Contents

Book Five- Ta’zir and Deterring Punishments

Chapter One- Crimes against the national and foreign security of the State

Article 498 – Anyone, with any ideology, who establishes or directs a group, society, or branch, inside or outside the country, with any name or title, that constitutes more than two individuals and aims to perturb the security of the country, if not considered as mohareb, shall be sentenced to two to ten years’ imprisonment.

Article 499– Anyone who joins, as a member, any of the groups, societies, or branches aforementioned in article 498, shall be sentenced to three months to five years’ imprisonment, unless it is proved that he had been unaware of its aims.

Article 500– Anyone who engages in any type of propaganda against the Islamic Republic of Iran or in support of opposition groups and associations, shall be sentenced to three months to one year of imprisonment.

Article 501– Anyone who, knowingly and intentionally, provides maps or secrets or documents and decisions regarding the national or international policies of the State to those who are not authorized to have access, or who informs them about their content in a way that constitutes espionage, taking into consideration the circumstances and stages [of the crime], shall be sentenced to one to ten years’ imprisonment.

Article 502– Anyone who commits one of the espionage crimes inside Iran in favor of a foreign State and against another foreign State, if damages the national security [of Iran] shall be sentenced to one to five years’ imprisonment.

Article 503– Anyone who enters [political or military or security] places with the intent to steal or draw maps or gather information about political or military or security secrets, and also those who are arrested while drawing maps or filming or taking pictures from military bastions or prohibited places, shall be sentenced to six months to three years’ imprisonment.

Article 504– Anyone who effectively encourages combatants or those in military forces to rebel, escape, surrender, or disobey military orders, with the intention to overthrow the government or to defeat national forces against the enemy, shall be considered as mohareb; otherwise [if he does not possess the intention] if his acts are effective he shall be sentenced to two to ten years, and if not, to six months to three years’ imprisonment.

Article 505– Anyone who, with the intention to disrupt national security, gathers information through any means under the cover of State authorities or government officials, if they intend to provide them to others shall be sentenced to two to ten years’ imprisonment [if successful], and otherwise to one to five years’ imprisonment [if unsuccessful].

Article 506– If, due to their negligence and disregarding security protocols, government officials who are responsible for classified security and intelligence affairs and have received the required training reveal information to enemies, they shall be sentenced to one to six months’ imprisonment.

Article 507– Anyone who is a member of corrupt groups or among those who act against national security, provided that he is not in a leading position and before being prosecuted, reports the plot and names of those engaged in the conspiracy and corruption to the officials, or cooperates effectively with the officials after he is prosecuted, shall be exempted from punishment; and if he has personally committed another crime, he shall be only sentenced for that crime.

Article 508– Anyone who cooperates by any means with foreign States against the Islamic Republic of Iran, if not considered as mohareb, shall be sentenced to one to ten years’ imprisonment.

Article 509– Anyone who during wartime commits one of the crimes against national and foreign security of the State mentioned in this chapter, shall be sentenced to the highest punishment prescribed for the same crime.

Article 510– Anyone who, with the intent to disrupt national security or aid the enemy, recognizes and hides, or assists in hiding, spies who have a mission to gather information or cause damage to the country, shall be sentenced to six months to three years’ imprisonment.

Note- Anyone who, without spying or hiding spies, identifies and attracts some people by any means and introduces them to enemy States or foreign countries for espionage purposes against the national security [of the Islamic Republic of Iran] shall be sentenced to six months to two years’ imprisonment.

Article 511– Anyone who, with the intent to disrupt national security and disturb public opinion, threatens to plant bombs in an airplane, ship, and/or other public means of transportation, or claims that the aforementioned means of transportation have been rigged with bomb(s), in addition to compensation for damages caused to the government and people, shall be sentenced to six months to two years’ imprisonment.

Article 512– Anyone who, with the intent to disrupt national security, induces or encourages people to war with one another and slaughter each other, regardless of whether or not [such actions] cause murder and ravage, shall be sentenced to one to five years’ imprisonment.

Note- Where it can be proven that the accused repented [for their actions] before being caught by the State, articles (508) and (509) and (512) are not applicable.

Chapter Two- Insulting sacred religious values and criminal attempt on national authorities

Article 513– Anyone who insults the sacred values of Islam or any of the Great Prophets or [twelve] Shi’ite Imams or the Holy Fatima, if considered as Saab ul-nabi [as having committed actions warranting the hadd punishment for insulting the Prophet], shall be executed; otherwise, they shall be sentenced to one to five years’ imprisonment.

Article 514– Anyone who, by any means, insults Imam Khomeini, the founder of the Islamic Republic, and/or the Supreme Leader shall be sentenced to six months to two years’ imprisonment.

Article 515– Anyone who makes an attempt on the lives of the Supreme Leader or the Heads of Powers [of the Executive, Judiciary and Legislature] or the Grand Ayatollahs, if not considered as mohareb, shall be sentenced to three to ten years’ imprisonment.

Chapter Three- Attempt on the lives of foreign diplomatic officials

Article 516– Anyone who makes an attempt on the life of a foreign Head of State, or its Diplomatic Representative, in the jurisdiction of Iran, shall be sentenced to the same punishment mentioned in article (515), subject to the mutual treatment by the same State towards Iran; but, if a lighter punishment is prescribed, the same punishment shall be imposed.

Article 517– Anyone who publically insults a foreign Head of State, or its Diplomatic Representative, who enter the territory of Iran, shall be sentenced to one month imprisonment, subject to the mutual treatment by the same State towards Iran.

Note- The application of the articles of this chapter is subject to the request of the relevant State or its diplomatic representative, or the victim or his guardian. The Prosecution shall be stopped if the complaint is withdrawn.

Chapter Four- Producing and distributing fake coins

Article 518– Anyone who produces, or deliberately imports into the country, or buys or sells any kind of counterfeit domestic or foreign gold or silver coin, such as coins from Iran’s previous governments, or the Lira or other exchangeable currencies, or distributes any fake coins shall be sentenced to one to ten years’ imprisonment.

Article 519– Anyone who, with the intention of deception, detracts from the weight of Iranian or foreign gold or silver coins by any means such as scraping, cutting and the like, or knowingly and deliberately engages in the distribution of such coins, or imports them into the country, shall be sentenced to one to three years’ imprisonment.

Article 520– Anyone who produces any kind of counterfeit domestic or foreign current coins other than gold or silver, or, knowingly and deliberately, imports them into the country, or engages in the distribution of such coins, or buys or sells them, shall be sentenced to one to three years’ imprisonment.

Article 521– When the individuals who commit the crimes mentioned in articles (518) and (519) and (520) inform the authorities before the crime is discovered, or facilitate the arrest of others by their confession while the prosecution is carried out, or effectively aid and guide the government authorities, by proposal of Director of the Judicial District and agreement of the court, or at the discretion of the court, their punishment shall be duly mitigated, and if appropriate they shall be exempted from imprisonment; unless it is proved that they repented [for the crime] prior to their arrest, in which case they shall be exempted from all said punishments.

Article 522– In addition to the punishments mentioned in articles (518) and (519) and (520), the property acquired as a result of the commission of the said offences shall be confiscated.

Chapter Five- Forging and counterfeiting

Article 523– Forging and counterfeiting are defined as producing a writing or document or producing an official or non-official persons’ stamp or signature, scratching or tampering or adding or erasing or generating or crossing out or changing the date in comparison to the actual date or enclosing a writing to another writing or using someone else’s stamp without their permission, and the like, with the intention of deception.

Article 524– Anyone who forges the orders or signature or stamp or handwriting of the Supreme Leader or the Heads of Powers [of the Executive, Judiciary and Legislature] in respect to their official position, or uses [the aforementioned] with knowledge of the forgery and counterfeit, shall be sentenced to three to fifteen years’ imprisonment.

Article 525– Anyone who forges one of the following or uses or imports them into the country while being aware of the forgery and counterfeit, in addition to compensation for damages, shall be sentenced to one to ten years imprisonment.

1- Orders or signature or stamp of the First Deputy of the President of the State, or Ministers, or stamp or signature of the Members of the Guardian Council or Members of Parliament or Council of Experts or Judges or any one of the chairpersons or civil servants and officials in respect to their official position.

2- Seal or stamp or emblem of one of the governmental companies or organizations or departments or Islamic revolutionary bodies.

3- Verdicts of courts or documents or bills issued by the National Treasury.

4- Seal or mark used for determining the purity of Gold and silver.

5- Domestic or foreign currencies or bank bills such as accepted bills of exchange by banks or checks issued by banks and other types of binding bank instruments.

Note- Anyone who, deliberately and without holding the required documents and official domestic and foreign permission, and with the intent to inspire doubts in the quality of products and services, uses the title and emblem of national or international standards shall be sentenced to the maximum punishment prescribed in this article.

Article 526– Anyone who, with the intent to disrupt the banking system or financial or economic situation or to disrupt the political and social system and security [of the country], forges domestic or foreign currencies or bank bills such as accepted bills of exchange by banks or checks issued by banks and other types of binding bank instruments and documents or bills issued by the National Treasury, or imports them into the country or uses them with the knowledge that they are fake, if he is not considered as mofsed or mohareb, shall be sentenced to five to twenty years’ imprisonment.

Article 527– Anyone who forges certificates of studying or graduation or transcripts of universities and higher education organizations inside or outside the country or certificates of evaluation of foreign degrees, or uses them with the knowledge that they are fake, in addition to compensation for damages, shall be sentenced to one to three years’ imprisonment. If the perpetrator is an employee of Ministries or those organizations and institutes that belong to the government or municipalities or Islamic revolutionary bodies, or if by any means takes part in the forgery or in using the fake documents, then he shall be sentenced to the maximum punishment.

Article 528– Anyone who forges the stamp or seal of any non-governmental organizations or public bodies such as municipalities, or uses them with the knowledge that they are fake, in addition to compensation of the damages, shall be sentenced to six months to three years’ imprisonment.

Article 529– Anyone who forges the stamp or seal of any non-governmental company established according to law or enterprise, or uses them with the knowledge that they are fake, in addition to compensation for damages, shall be sentenced to six months to three years’ imprisonment.

Article 530– Anyone who acquires the seal or stamp of the organizations or companies or enterprises referred to in the articles above, and abuses them in a way that damages their rights and interests, or causes their abuse, in addition to compensation for damages, shall be sentenced to two months to two years’ imprisonment.

Article 531– If anyone who has committed one of the crimes referred to in the articles above informs the government [of the crime] before their prosecution and exposes other perpetrators, if any, or cooperates in arresting them after the prosecution is started, their punishment shall be mitigated or they shall exempted from punishment respectively.

Article 532– Any civil servant and government official who, when carrying out their duties, tampers with orders and writings and documents and certificates and books and other types of official writings and documents (for instance if they generate a signature or stamp or make changes in a signature or stamp or to the content or add a word or change people’s names), in addition to disciplinary punishments and compensation of the damages, shall be sentenced to one to five years’ imprisonment or a fine of six to thirty million Rials.

Article 533– If individuals who are not civil servants or government officials, commit any of the crimes referred to in the previous article, in addition to compensation of the damages, they shall be sentenced to six months to three years’ imprisonment or a fine of three to eighteen million Rials.

Article 534– If any civil servant of government departments and judicial bodies and anyone responsible for public services, commits forgery of documents in respect to their duties, including in cases where they change the topic or content of those documents, or tamper with written or oral statements of official authorities or the stamp or wording of the parties or present something void as valid or vice versa or something which is not admitted as admitted, in addition to disciplinary punishments and compensation of the damages, shall be sentenced to one to five years’ imprisonment or a fine of six to thirty million Rials.

Article 535– Anyone who uses the forged documents referred to in articles (532) and (533) and (534) with the knowledge that they are fake, in addition to compensation of the damages, shall be sentenced to six months to three years’ imprisonment or a fine of three to eighteen million Rials.

Article 536– Anyone who forges non-official documents or uses them with the knowledge that they are fake, in addition to compensation of the damages, shall be sentenced to six months to two years’ imprisonment or a fine of three to twelve million Rials.

Article 537– If taking pictures of ID cards or personal identity documents and governmental and public documents and the like, causes confusion with the originals, they shall be marked with a stamp or mark to show that it is a duplicate copy or picture; otherwise, it shall be considered as a forgery and the producers and users of such documents who knowingly and deliberately use them as originals, in addition to compensation of the damages, shall be sentenced to six months to two years’ imprisonment or a fine of three to twelve million Rials.

Article 538– Anyone who, whether personally or through someone else, forges a medical certificate with the intent to acquire exemption from public or military service or in order to submit to the court shall be sentenced to six months to one year’s imprisonment or a fine of three to six million Rials.

Article 539– When a medical doctor issues a false certificate to exempt someone from public or military service or in order to submit to judicial bodies, he shall be sentenced to six months to two years’ imprisonment or a fine of three to twelve million Rials. And when such certificate is used to acquire money, in addition to taking the money back and confiscating the money as a fine, he shall be sentenced to the punishment prescribed for being the recipient of a bribe.

Article 540– In the cases of other false certificates which cause damage to a third party or the National Treasury, the offender shall be sentenced to up to 74 lashes or a fine of two hundred thousand to two million Rials.

Article 541– Anyone other than the main applicant who sits any exams including entrance exams of universities and higher education institutes, teacher’s universities and training colleges, exams for sending students abroad to study, or internal or final exams of the aforementioned organizations or exams of high schools, secondary schools, technical schools, etc, the offender and applicant, in addition to disciplinary punishments, shall be sentenced to a fine of two hundred to one million Rials.

Article 542– The punishment for attempting to forge and counterfeit referred to in this chapter shall be the minimum punishment prescribed for the same crime.

Chapter Six- Removing or breaking a seal and stealing documents from governmental places

Article 543– When a place, or anything, is sealed in accordance with the order of competent officials, and someone knowingly and deliberately breaks or removes the seal, or commits an act that is considered as removing or breaking the seal, he shall be sentenced to three months to two years’ imprisonment.

If the keeper commits the [abovementioned] crime, he shall be sentenced to one to two years’ imprisonment. In case the crime is committed as a result of the keeper’s negligence, he shall be sentenced to one month to six months’ imprisonment or up to 74 lashes.

Article 544– When the writings or documents or booklets or notes that are recorded in official registers or kept in official places or entrusted to officials responsible for keeping them, are, wholly or in part, stolen or damaged or unlawfully destroyed, the bookkeeper and the clerk responsible for recording and keeping the aforementioned documents, as well as other individuals whose negligence resulted in the commission of the crime, shall be sentenced to six months to two years’ imprisonment.

Article 545– The offenders of the crimes mentioned in the above article shall be sentenced to three to six months’ imprisonment; and if the keeper or trustee commits one of the abovementioned crimes he shall be sentenced to three to ten years’ imprisonment.

Article 546– When the offender forcibly removes or breaks the seal or commits an act that is considered as removing or breaking the seal, or steals or destroys the writing or documents, he shall be sentenced to the abovementioned punishments accordingly. This punishment does not interfere with the punishment of [other] crimes resulting from the use of force and severity.

Chapter Seven- Escape of prisoners and concealment of offenders

Article 547– Any prisoner who escapes from a prison or detention center shall be sentenced to 74 lashes or three to six months’ imprisonment; and if he has broken or damaged the prison’s gate, in addition to compensation of the damages, he shall be sentenced to both punishments.

Note- Prisoners who are on furlough in accordance with the regulations of prisons, but, without a reasonable excuse, do not return to the prison at the ordered time, shall be regarded as fugitives and sentenced to the abovementioned punishment.

Article 548– When an accused person or a prisoner escapes as a result of recklessness or negligence of the officer who was responsible for guarding or escorting him, the abovementioned officer shall be sentenced to six months to three years’ imprisonment or a fine of three to eighteen million Rials.

Article 549– When an officer who is responsible for guarding or escorting a prisoner or detainee aids or facilitates or colludes in the escape [of the prisoner], he shall be sentenced according to the following:

A – If the detainee is accused of a crime that is punishable by execution, stoning or crucifixion or if he is a prisoner convicted to these punishments, [the offending official] shall be sentenced to three to ten years’ imprisonment; and if the prisoner is convicted to ten years’ imprisonment or more, or if the detainee is accused of a crime punishable by more than ten years’ imprisonment, he shall be sentenced to one to five years’ imprisonment; and in cases other than the abovementioned, he shall be sentenced to six months to three years’ imprisonment.

B – If the prisoner is convicted to qisas or the detainee is accused of a crime punishable by qisas the individual responsible for his escape is obliged to turn him in, otherwise he shall be imprisoned until [the prisoner] is turned in. If the accused person is tried and acquitted in absentia, or if the homicide is determined as quasi-deliberate or accidental, the individual responsible for escape shall be sentenced to the punishment mentioned in paragraph A; and if the fugitive dies, or if it becomes impossible to turn him in, in cases where [the fugitive] is convicted to qisas, the individual responsible for his escape shall pay the diya to the blood owners of the victim.

C – If the accused or convict person who is escaped is convicted [or accused] of a financial crime or diya, the individual responsible for escape, in addition to the punishment mentioned in paragraph A,  shall pay the relevant diya or debt.

Article 550– Any civil servants or officers who are ordered to arrest an individual and act recklessly and negligently shall be sentenced to a fine of one hundred to five hundred Rials; and if the recklessness and negligence was intended to aid the escape of the prisoner and resulted in his escape, in addition to the aforementioned fine, shall be sentenced to six months to three years’ imprisonment.

Article 551– If the individual responsible for escape is not one of the officers mentioned in article 549, and deliberately aids the escape of persons imprisoned or detained under law, he shall be sentenced according to the following:

A – If the prisoner is sentenced to execution, stoning or crucifixion, the individual responsible for the escape shall be sentenced to one to three years’ imprisonment; and if the prisoner is accused of a crime punishable by execution, stoning or crucifixion, he shall be sentenced to six months to two years’ imprisonment; and in cases other than the abovementioned, he shall be sentenced to three months to one year of imprisonment.

B – If the prisoner is sentenced to qisas, the individual responsible for the escape is obliged to turn him in otherwise he shall be imprisoned until [the prisoner] is turned in. If the fugitive dies, or if it becomes impossible to turn him in, the individual responsible for his escape shall pay the diya to the blood owners of the victim.

Article 552– Anyone who arms a prisoner or detainee with a gun in order to aid [the prisoner’s] escape shall be sentenced to two to five years’ imprisonment.

Article 553– Anyone who hides, or aids the escape of, a fugitive of the law or an accused person whose arrest is ordered shall be sentenced according to the following:

When the fugitive is sentenced to execution, stoning or crucifixion or qisas or amputation of limb, the individual responsible for the escape shall be sentenced to one to three years’ imprisonment; and if the fugitive is sentenced to life imprisonment or accused of a crime punishable by execution or crucifixion, he shall be sentenced to six months to two years’ imprisonment; and in cases other than the abovementioned, he shall be sentenced to one month to one year of imprisonment.

Note- If it is proved in a court of law that the individual responsible for the escape or concealment of the fugitive truly believes in his innocence, he shall be exempted from the punishment.

Article 554– Anyone who becomes aware of a crime and aids the offender to escape from trial and conviction, for instance by harboring him in a place, or concealing the evidence of the crime, or presenting fake evidence in order to acquit the offender, shall be sentenced accordingly to one to three years’ imprisonment.

Note- In the cases mentioned in article 553 and this article, if the offender is amongst the first-degree relatives of the accused person, the punishment shall not exceed half of the prescribed punishment.

Chapter Eight- Impersonation of officials and offices

Article 555– Anyone who, without an official position or permission from the government, interferes with or introduces himself as holding official governmental, military and police offices, shall be sentenced to six months to two years’ imprisonment; and if he has forged a document in order to interfere or introduce himself in the abovementioned offices, he shall additionally be sentenced to the punishment prescribed for forgery.

Article 556– Anyone who, publically and without permission, uses official uniforms of the military or police forces of the Islamic Republic of Iran, or badges or medallions or other state grants, without, or with little, changes that cause confusion, if his act is not subject to a harsher punishment under another law, shall be sentenced to three months to one year’s imprisonment or a fine of one million and five hundred thousand Rials to six million Rials. And if he has taken advantage of his illegal act, he shall be sentenced to both punishments.

Note- Using the abovementioned uniforms and objects in theatrical arts shall not be subject to this article.

Article 557– Anyone who, publically and without permission, uses the official uniforms of foreign officers, or badges or medallions, or other grants of foreign states, in Iran, subject to mutual treatment [by the foreign state], or if the act disrupts the public order, shall be subject to the article above.

Chapter Nine- Destruction of historical and cultural assets

Article 558– Anyone who damages whole or part of any cultural, historical or religious buildings, places and sites which are listed as national heritage, or any decorations, attachments, facilities, objects and instruments and drawings and pictures installed or located in these places which independently hold cultural, historical, or religious features, in addition to compensation of damages, shall be sentenced to one to ten years’ imprisonment.

Article 559– Anyone who steals objects and instruments and also materials and pieces of cultural and historical assets, from museums or galleries, or historical and religious sites and other places protected or supervised by the government, or buys or conceals the aforementioned objects while being aware that they are stolen, if he is not punishable by the hadd punishment for stealing, in addition to its restitution, shall be sentenced to one to five years’ imprisonment.

Article 560– Anyone who, without permission from Iran’s Cultural Heritage Organization, or by violating the regulations adopted by this organization, proceeds to any operation in the bounds of cultural and historical assets mentioned in this article that makes their foundations unsteady, or as a result of such operations the said assets and buildings are damaged or destroyed, in addition to elimination of the operation’s effects and compensation of the damages, shall be sentenced to one to three years’ imprisonment.

Article 561– Any effort to take cultural and historical assets out of the country, even if unsuccessful, shall be considered as trafficking and the offender, in addition to restitution of the assets, shall be sentenced to one to three years’ imprisonment and a fine that is double the value of the assets.

Note- It is the responsibility of the Iran’s Cultural Heritage Organization to determine the cultural and historical nature [of the assets].

Article 562– Any type of excavation and digging with the intent to find historical and cultural assets is prohibited and the offender shall be sentenced to six months to three years’ imprisonment and confiscation of the discovered objects in favor of the Cultural Heritage Organization, and the excavation equipment and tools in favor of the government. If the excavation has taken place in historical sites and places that are listed as national heritage, or in holy shrines or religious places, in addition to confiscation of the discovered objects and the excavation equipment and tools, the offender shall be sentenced to the maximum punishment provided.

Note 1 – Anyone who puts his hands, by chance, on the historical and cultural assets mentioned in this article, and does not surrender them in accordance with the regulations of Cultural Heritage Organization, shall be sentenced to confiscation of the discovered assets.

Note 2 – The purchase and sale of historical and cultural assets that are found during illegal excavations is prohibited, and in addition to confiscation of the aforementioned cultural assets, the buyer and seller shall be sentenced to six months to three years’ imprisonment. If the aforementioned assets, under any title, and whether directly or indirectly, are sold to foreign nationals, the offender shall be sentenced to the maximum punishment provided.

Article 563– Anyone who transgresses historical and cultural lands and hills and sites that are listed as a national heritage and do not have a private owner, shall be sentenced to six months to two years’ imprisonment, provided that the Cultural Heritage Organization had previously indicated and marked the boundaries and limits of these places.

Article 564– Anyone who, without permission of the Cultural Heritage Organization and against its adopted regulations, restores or repairs or reconstructs or extends the buildings or decorations of historical and cultural places which are listed as national heritage, shall be sentenced to six months to two years’ imprisonment and compensation of the damages.

Article 565– Anyone who, in violation of the provisions of the Law of Protection of National Heritage, conveys historical and cultural real-estate that is listed as national heritage, while having knowledge that they are listed, shall be sentenced to three to one year’s imprisonment.

Article 566– Anyone who, without permission of the Cultural Heritage Organization and contrary to what is appropriate for the property, changes the use of religious, cultural and historical buildings, places and sites that are listed as national heritage, in addition to elimination of the offense’s effects and compensation of the damages, shall be sentenced to three months to one year’s imprisonment.

Article 566 bis (added on 16/06/2009)- Anyone who makes counterfeit models of cultural and historical assets, whether Iranian or foreign assets, claiming it as original, or introduces, carries or keeps it, or buys it while being aware that it is fake, with the intent to offer, smuggle or sell the asset, shall be sentenced to ninety one days to six months imprisonment and a fine of equal to half the value of the original asset according to the expert report from Cultural Heritage, Handcrafts, and Tourism Organization.

Note 1 – A “counterfeit model” is an object which is made in the contemporary era, and in terms of drawings, pictures, form, texture, size, and weight is similar to original cultural and historical assets, or is claimed to be the original cultural and historical asset when there is no such original and there is no sign on the asset from the creator or the Cultural Heritage, Handcrafts, and Tourism Organization, that distinguishes it from the original.

Note 2 – If there is no original for the counterfeit object, its value, if any, shall be assessed by the experts of the Cultural Heritage, Handcrafts, and Tourism Organization.

Note 3 – The discovered items referred to in this article shall be confiscated in favor of the Cultural Heritage, Handcrafts, and Tourism Organization. This provision shall be extended to those items that are seized before this law comes to force.

Article 567– With regard to the crimes referred to in this chapter, the Cultural Heritage Organization or other governmental departments shall be regarded as a complainant or private plaintiff.

Article 568– With regard to the crimes referred to in this chapter that are committed by legal entities, any of the directors or officials who have made the orders, shall be sentenced to the prescribed punishments.

Note- Cultural and historical assets obtained from the crimes referred to in this chapter, shall be confiscated under the supervision of the Cultural Heritage Organization; and in all cases where the assets, tools and equipments are ordered to be seized, it shall be seized in favor of the Cultural Heritage Organization.

Article 569– In all the cases in this chapter, if the damaged asset is private property and its owner was unaware that it had been listed as a national heritage, he shall be exempted from the abovementioned punishments.

Chapter Ten- Offenses of government officials and agents

Article 570 (as amended on 1/1/2003)- Any official and agent associated with State agencies and institutions, who unlawfully strips members of the public of their personal freedom or deprives them from their rights provided in the IRI Constitution, shall be sentenced to two months to three years’ imprisonment, in addition to dismissal from the service and prohibition of employment in state offices for one to five years.

Article 571– When the acts that violated the IRI Constitution are carried out as a result of a false signature of a Minister or State agent, the offender, and those who applied it knowingly, shall be sentenced to three to ten years’ imprisonment.

Article 572– When an individual is imprisoned against the law, and he has lodged a complaint against his unlawful imprisonment to the law enforcement or police officers, but they have failed to deal with his complaint and are unable to prove that they have taken the required steps and transferred his complaint to the relevant authorities, they shall be sentenced to permanent dismissal from the same office and shall be prohibited from taking government employment for three to five years.

Article 573– If officials and officers responsible for detention centers and prisons receive anyone as a prisoner without the required warrant issued by competent authorities, they shall be sentenced to two months to two years’ imprisonment.

Article 574– If officials and officers responsible for detention centers and prisons refuse to hand over a prisoner to competent judicial authorities, or refuse to submit their registers to the said authorities, or refuse or prevent the prisoners’ complaints from reaching the relevant authorities, they shall be subject to the previous article; unless they prove that they had been ordered to do so by their superior commander, in which case he who has issued the order shall be sentenced to the aforementioned punishment.

Article 575– When judicial authorities or other relevant officials unlawfully order the arrest or detention or prosecution of someone, they shall be sentenced to permanent dismissal from judicial offices and shall be prohibited from taking government employment for five years.

Article 576– If any official and civil servant and governmental and municipal agent, no matter at which level or office he serves, abuses his authority and refuses to obey written state orders or statutes or decisions or orders of judicial authorities or any other orders issued by lawful officials, he shall be sentenced to dismissal from civil service for one to five years.

Article 577– If civil servants and agents including Governors of Provinces, Governors of Divisions, Governors of Sections, or their deputies, and police officers, unless in arbitration cases, interfere with cases that fall under the authority of judicial officials, and refuse to stop the interference despite the objection of party/parties to the case or the objection of judicial authorities, they shall be sentenced to two months to three years’ imprisonment.

Article 578– Any civil servant or judicial or non-judicial agent who corporally mistreats and abuses an accused person in order to force him to confess, in addition to qisas and diya, shall be sentenced to six months to three years’ imprisonment; and if it is done under someone’s order, only the person who has issued the order shall be sentenced to the aforementioned imprisonment; and if the accused person dies as a result of the abuses, the principal to the murder shall be sentenced to the punishment provided for a murderer, and the person who has issued the order shall be sentenced to the punishment provided for the person who has ordered a murder.

Article 579– If a civil servant punishes a convicted person harsher than what was ordered in the verdict or punishes him to what is not ordered in the verdict, he shall be sentenced to six months to three years’ imprisonment; and if the act is carried out pursuant to someone else’s order, only the person who has issued the order shall be sentenced to the prescribed punishment; and if the act is punishable by qisas or diya the main principal to the crime shall be sentenced accordingly; and if the act consists of other crimes, the principal to the crime and the person who has issued the order shall be sentenced accordingly to the relevant punishment.

Article 580– Any civil servant and judicial or non-judicial official or anyone who holds a state duty enters someone’s house against the law and without the owner’s permission and consent shall be sentenced to one month to one year’s imprisonment, unless he proves that he has acted on his superior’s order and he has had no choice but to obey his orders, in which case the prescribed punishment shall be given to the person who has issued the order; and if he commits or causes any other crimes he shall also be sentenced to the relevant punishment provided for that crime; and if the offense is committed in the night, the principal to the crime and the person who has issued the order shall be sentenced to the maximum punishment provided.

Article 581– Any state official and civil servant who, abusing his authority, uses force to buy someone’s property, or unlawfully take possession of someone’s right, or force an owner of a property to sell it to a third person, in addition to restitution of the property or right or its monetary value, shall be sentenced to one year to three years’ imprisonment or a fine of six to eighteen million Rials.

Article 582– If any state official and civil servant, in cases other than those permitted by law, opens or seizes or destroys or inspects or records or intercepts letter or telegraph or telephone communications of people, or discloses their contents without their owners’ permission, shall be sentenced to one year to three years’ imprisonment or a fine of six to eighteen million Rials.

Article 583– If any state official and civil servant or armed forces or the like, without any order from competent authorities [and] in cases other than those in which the law permits arrest or detention of people, arrests or detains an individual and forcibly conceals him in a place, he shall be sentenced to one year to three years’ imprisonment or a fine of six to eighteen million Rials.

Article 584– Anyone who knowingly prepares a place for committing the crime mentioned in previous article, and therefore aids the principal to the crime, shall be sentenced to three months to one year’s imprisonment or a fine of one million and five hundred to six million Rials.

Article 585– If the principal, or the accessory, to the crime [mentioned in the previous article], releases the detainee or takes required measures to release him, provided that he has not detained him for more than five days, he shall be sentenced to two to six months’ imprisonment instead.

Article 586– When the offender, in order to commit the crime mentioned in article 583, uses false names or titles or impersonates state agents or uses their badge or uniform or shows a fake warrant, in addition to the punishment provided in the same article, shall be sentenced to the punishment provided for forgery or deception.

Article 587– If the perpetrator of the crimes mentioned in the previous articles threatens the detainee or prisoner to death or physically abuses and torture him, in addition to qisas or diya, he shall be sentenced to one to five years’ imprisonment and will be prohibited from taking  public services.

Chapter Eleven- Bribery, Usury and Fraud

Article 588– If any arbitrator and inspector and expert, whether appointed by the court or parties to a legal case, makes a decision or produces a report in favor of either party in return for a bribe, shall be sentenced to six months to two years’ imprisonment or a fine of three to twelve million Rials, and as a punishment for the briber, the amount that was paid shall be confiscated in favor of the government.

Article 589– If judges of courts, due to receiving a bribe, give a harsher punishment than that provided by law,  he shall be sentenced to the same excessive punishment he has given, in addition to the punishment provided for receiving a bribe.

Article 590– If a bribe is not in the form of cash, but is [in the form of] goods or property conveyed, whether directly or indirectly, to judicial or administrative civil servants, free of charge or quite cheaper than the usual price, or prima facie at its usual price but in fact sold for much cheaper, or if  goods or property is bought from civil servants, directly or indirectly, at a quite higher price, the said civil servants shall be considered as bribee and the other party as briber.

Article 591– When it is proved that a briber had to pay a bribe to preserve his legal rights, he shall be exempted from criminal prosecution and the money or property he has paid shall be returned to him.

Article 592– Anyone who, knowingly and deliberately, and whether directly or indirectly, pays money or a property or a bill of payment or delivery of a property, in order to carry out or refrain from carrying out what is a duty of the officials mentioned in article 3 of the law of Aggravating [the punishments of] Bribery, Embezzlement, and Fraud adopted on 6/12/1997 by the Expediency Discernment Council, he shall be considered as a briber, and, in addition to confiscation of the bribed money or property, he shall be sentenced to six months to three years’ imprisonment or up to 74 lashes.

Note- If the briber has been moztar [i.e. desperate and left with no other option] or reports the bribery or lodges a complaint, he shall be exempted from the imprisonment sentence and the bribed money shall be restituted to him.

Article 593– Anyone who, knowingly and deliberately, facilitates the commission of bribery including through negotiation, persuasion, transferring the money or property or bill of payment, shall be sentenced to the punishment provided for the briber.

Article 594– The punishment for attempted bribery shall be the minimum punishment provided in each case.

Article 595– Any type of agreement between two or more people under any title such as sale, borrow, settlement, etc that conveys a property or goods in return of a property of the same type and amount and with an extra condition, or receives money more than the amount paid, shall be regarded as usury and is a crime. The offenders including usurer, the individual who has paid the usury, and the broker between them, in addition to restitution of the extra money to the owner, shall be sentenced to six months to three years’ imprisonment and up to 74 lashes and also a fine equal to the value of the aforementioned money or property.

Note 1- If the owner of the property [subject to usury] is unknown, it shall be regarded as property without a known owner and shall be given to the vali-ye Faqih (i.e. Supreme Leader).

Note 2- When it is proved that the person who has paid the usury has been moztar [i.e. desperate and left with no other option] to pay the extra money or property, he shall be exempted from the punishment provided in this article.

Note 3- When the abovementioned contract is concluded between a father and his son or a husband and his wife, or if a Muslim receives usury from a Kafir [non-believer], it shall not fall under this article.

Article 596– Anyone who, abusing the weakness and desires or personal needs of incapacitated persons, obtains a writing or document whether commercial or non-commercial including, a bill of exchange, promissory note, check, draft, receipt, settlement receipt against his benefit, or any documents that binds him or clears the receiver, or someone else, from obligations, in addition to compensation of the damages, shall be sentenced to six month to two years’ imprisonment and a fine of one million to ten million Rials; and if the offender is the natural guardian of the [incapacitated] person, or the executor of [his natural guardian’s] will, or appointed as his guardian by court, then, in addition to compensation of the damages, he shall be sentenced to three to seven years’ imprisonment.

Chapter Twelve- Refusing to carry out legal duties

Article 597– Any judicial authority to whom a complaint or petition is referred according to the law, but, despite the fact that he is legally obliged to deal with the complaint, on the basis of any justification even silence or brevity or contradictory nature of the law, fails to accept or deal with the case, or postpones the issuance of the verdict against the law, or acts contrary to the explicit provision of law, on the first occasion shall be sentenced to six months to one year imprisonment and on the [second] occurrence will be permanently dismissed from judicial office; and in any case shall be also sentenced to compensation of damages.

Chapter Thirteen- Offenses of civil servants against government

Article 598– Any civil servant and employee of a governmental department and organization or council or municipality and company or organization or revolutionary body and also foundation and organization that is supervised by vali-ye faqih [i.e. Supreme Leader] and the Supreme Audit Court and organizations that are financed by the government or holders of judicial rank and basically all the members and staff of the three branches of power and also armed forces and public servants, whether official or unofficial, who abuses any fund or credit or drafts or shares or other monetary instruments or other property that belongs to the abovementioned organizations or other persons that are entrusted to them on the basis of their duty, without any intention to transfer their ownership to himself or a third person, shall be regarded as an unlawful possessor and, in addition to compensation of the damages and payment of the payable rent, shall be sentenced to up to 74 lashes; and if he has benefitted [from the offense], in addition to the aforementioned punishment, he shall be sentenced to a fine equal to the amount of benefit. It is also the same case when [anybody], due to his negligence or failure, causes damage to public funds or consumes it for the purposes that no budget is provided by law, or for a different purpose [other than stipulated by law] or in excess of the allocated budget.

Article 599– Anyone who is responsible for the conclusion of contracts or constructing anything or ordering or supervising its construction for any one of the departments and organizations referred to in article 598, and who takes advantage of it for himself or someone else through a deception regarding the amount or features or excessive price or any deception in the construction, in addition to compensation of the damages, shall be sentenced to six months to five years’ imprisonment.

Article 600– Any civil servant or employee or agent who is responsible for the assessment, determination and collection of any fee in favor of the government, violates the law and collects or orders to collect a fee more than that required by law, shall be sentenced to two months to one year’s imprisonment. The punishment provided in this article is also applicable to officials and employees of municipalities; and in any case what is received in contravention of the law shall be returned to the right owner.

Article 601– Any civil servant that on the basis of their duty employs or hires people or transports some materials and charges the government’s account for whole or part of their salaries or fees, but fails to pay the fees, shall be sentenced to temporary suspension from three months to three years; and the same punishment is applicable in the case of civil servants that employed some people as unpaid labors but charged the government’s account and took their salaries for themselves; and in any case the received salary shall be returned to the right owner.

Article 602– Any civil servant that on the basis of their duties has been entitled to employ some people and charges the government’s account more than the number he has actually employed, or if he includes his personal servants among the civil servants and pays their salary from the government’s account, he shall be sentenced to 74 lashes and restitution of the amount he has charged the government’s account.

Article 603– If any civil servant and employee and individual who is in managerial positions in the Ministries and departments and organizations referred to in article 598, whether directly or indirectly, takes any advantage for himself or someone else through any contract or agreement or any other arrangements with other people or their representatives or branches, under any title such as commission, fee, brokerage or bonus, whether inside or outside the country, or if without any mission from his respective organization buys or constructs anything on its behalf, or takes any benefit for himself or someone else when paying the fees that he is responsible for their payment or when settling an account, shall be sentenced to restitution of twice as much as the benefit gained from this act; and if his act causes any change in the amount or quality of the subject of the contract or any increase in its price, he shall be sentenced to six months to five years’ imprisonment or a fine of three to thirty million Rials.

Article 604– Any civil servant, whether judicial or administrative, who destroys or conceals documents and papers that are entrusted to them or given to them on the basis of their duties, or hands them over to an unauthorized person, in addition to compensation of the damages, shall be sentenced to three months to one year’s imprisonment.

Article 605– Any servant of the departments and organizations referred to in article 598, who, intentionally and unlawfully, makes an statement or action against one of the parties shall be sentenced to up to three months’ imprisonment or a fine up to one million and five hundred thousand Rials and compensation of the damages.

Article 606– Any chairperson or director or authority of the organizations referred to in article 598 who becomes aware of a bribery or embezzlement or illegal possession or fraud or the crimes mentioned in articles 599 and 603, in the organizations under their supervision, and fails to report the offense to competent judicial or administrative bodies, in addition to imprisonment for six months to two years, shall be sentenced to temporary suspension for six months to two years.

Chapter Fourteen- Defying state agents

Article 607– Any form of attack or resistance carried out knowingly against state agents while they are performing their duties shall be regarded as defiance and is punishable according to the following:

1- If the defiant shows his gun in order to threaten, six months to two years’ imprisonment

2- If the defiant touches and holds his gun, one to three years’ imprisonment

3- In all other cases three months to one year of imprisonment.

Note- If the defiant, while defying, commits any other crime, he shall be sentenced to the punishment provided for both crimes.

Chapter Fifteen- Insulting other individuals

Article 609– Anyone who insults any of the Heads of three powers [of the Executive, Judiciary and Legislature]  or Vice-Presidents or Ministers or Members of Parliament or Members of the Council of Experts [for Leadership] or Members of the Guardian Council or judges or Members of the Audit Court or civil servants of Ministries and governmental organizations and companies and municipalities while they are performing their duties, or [if the (offender) insults them] in connection with their duties, shall be sentenced to 74 lashes or a fine of fifty thousand to one million Rials.

Chapter Sixteen- Conspiracy and collusion to commit a crime

Article 610– When two or more individuals collude and conspire to commit crimes against the national or foreign security of the country or prepare the facilities to commit the aforementioned crimes, unless they are regarded as mohareb, shall be sentenced to two to five years’ imprisonment.

Article 611– When two or more individuals collude and conspire to commit crimes against people’s honor or lives, and they have prepared the requirements [of the crime] but do not succeed against their will, they shall be sentenced to six months to three years.

Chapter Seventeen- Crimes against people and children

Article 612– Anyone who commits a murder and where there is no complainant, or there is a complainant but he has forgiven and withdrawn his application for qisas, or if qisas is not executed for any reason, if his act disrupts the public order and safety of the society or it is thought that it emboldens the offender or others [to commit murder again], the court shall sentence the offender to three to ten years’ imprisonment.

Note- In this case, an accessory to the crime shall be sentenced to one to five years’ imprisonment.

Article 613– When anyone attempts a murder but does not succeed against his will, he shall be sentenced to six months to three years’ ta’zir imprisonment.

Article 614– Anyone who commits an assault and battery against someone else that results in damaging or breaking or disabling a victim’s limb or causes him a permanent illness or defect or loss of a sense or ability or loss of mind, in cases where qisas is not possible, if his act disrupts public order and the safety of the society or it is thought that it emboldens the offender or others [to commit assault again], he shall be sentenced to two to five years’ imprisonment; and if the victim applies for it, shall be sentenced to diya as well.

Note- If the injury does not result in the abovementioned defects, and the means of committing the assault is a gun or knife or the like, the offender shall be sentenced to three months to one year of imprisonment.

Article 615– When a group of people fight with each other, each participant in the fight shall be sentenced according to the following:

1- If the fight results in murder, one to three years’ imprisonment.

2- If it results in loss of a limb, six months to three years’ imprisonment.

3- If it results in assault and battery, three months to one year of imprisonment.

Note 1- If a person’s act is considered to be self-defense, then this article shall not be applicable.

Note 2- The abovementioned punishments do not interfere with qisas or diya provisions.

Article 616– If a manslaughter is committed as a result of negligence or recklessness of the offender or caused by an act for which the offender lacks the required skills, or because of disregard for the regulations, the offender shall be sentenced to one to three years’ imprisonment and also payment of diya in cases in which the uliya-ye dam [owners of blood money] apply for, unless it is a case of absolute negligence.

Article 617– Anyone who resorts to a knife or any other weapon to flaunt his strength or to disturb or blackmail or threaten people or in scuffles with someone, if not regarded as mohareb, shall be sentenced to six months to two years’ imprisonment and up to 74 lashes.

Article 618– Anyone who disrupts the order and public peace or prevents people from their business by crying out and creating a row and outrageous behavior or by assaulting other people shall be sentenced to three months to one year of imprisonment and up to 74 lashes.

Article 619– Anyone who assaults or disturbs children or women in public places or roads, or insults them with outrageous language and behaviors, shall be sentenced to two to six months’ imprisonment and up to 74 lashes.

Article 620– When the crimes referred to in articles 616 and 617 and 618 are committed by a group of people and as a result of a previous collusion, each one of the offenders shall be sentenced to the maximum punishment provided.

Article 621– Anyone who, whether personally or through someone else, forcefully or by resorting to threat or deception or any other means, abducts or conceals someone in order to blackmail or take revenge or for any reason, shall be sentenced to five to fifteen years’ imprisonment. If the victim is less than fifteen years old or if the abduction is carried out with a vehicle or if the victim is physically or sexually abused, the offender shall be sentenced to the maximum punishment provided; and if he has committed any other crimes he shall be sentenced to the relevant punishments as well.

Note- Attempted abduction is punishable by three to five years’ imprisonment.

Article 622– Anyone who, knowingly and deliberately, batters or abuses a pregnant woman and causes her to miscarriage, in addition to payment of diya or qisas, shall be sentenced to one to three years’ imprisonment.

Article 623– Anyone who causes the miscarriage of a pregnant woman by giving her drugs or other means shall be sentenced to six months to one year of imprisonment, and if knowingly and deliberately guides a pregnant woman to use drugs or other means to abort her baby shall be sentenced to three to six months’ imprisonment, unless it is proved that it was necessary to save the mother’s life; in any case the diya shall be paid according to the relevant provisions.

Article 624– If a doctor or midwife or pharmacist or those who act as doctor or midwife or surgeon or pharmacist provide the tools for abortion or perform the abortion, they shall be sentenced to two to five years’ imprisonment, and the diya shall be paid according to the relevant provisions.

Article 625– Murder and assault and battery, if committed in self-defense and in order to save the perpetrator’s or someone else’s life or honor or property, then the perpetrator shall not be punished subject to the following conditions and provided that the defense is proportionate to the danger that threatened the perpetrator.

Note- In the case of defending someone else’s property, this article is applicable [only] if the defender is responsible to protect the property or if the owner of the property calls for help.

Article 626– When an act is considered as a crime against life or honor or property, even though committed by state agents, then any form of defense shall be permitted to save the life or honor or property.

Article 627– Defense is [permitted] in the following cases:

A – The fear for life or dignity or honor or property must be based on reasonable grounds.

B – The defense is proportionate to the attack.

C – There is no way to resort to state forces or an easier way to escape.

Article 628– Resisting police forces or other law enforcement officers while they are performing their duties shall not be considered as a defense; however, if they go beyond their authority, and according to the circumstances there is a fear that their acts will cause death or injury or assault to [someone’s] honor or property, then defending against them is permitted as well.

Article 629– In the following cases, murder is not punishable provided that the defense is possible only by murdering [the attacker]:

A – Defending against a murder or severe assault and battery or severe abuse or defending the defender’s and his family members’ honor.

B – Defending against someone who wants to rape someone else.

C – Defending against someone who wants to abduct someone or steal his property.

Article 630– When a man sees her wife committing zina with another man, provided that he is certain that his wife is willing [to have sex], he can kill both of them in the same position; however if he knows that his wife acts under coercion, he may only kill the man [i.e. her rapist]. The same rule applies to assault and battery.

Article 631– Anyone who abducts or conceals a newborn baby or replaces him with another baby or declares him to be another woman’s baby instead of his real mother, shall be sentenced to six months to three years’ imprisonment; and if it is proved that the baby was dead the offender shall be sentenced to a fine of one hundred thousand to five hundred thousand Rials.

Article 632– If anyone fails to hand over a baby that had been given to him when he is asked to do so by persons who have the right to demand the baby, he shall be sentenced to three to six months’ imprisonment or a fine of one million and five hundred thousand to three million Rials.

Article 633– Anyone who, whether personally or at someone else’s order, abandons a baby or an individual who is unable to defend himself in a deserted place shall be sentenced to six months to two years’ imprisonment or a fine of three million to twelve million Rials; and if he abandons him in a residential area, he shall be sentenced to up to half of the abovementioned punishment; and if the act causes injury or death, the offender, in addition to the abovementioned punishment, shall also be sentenced to qisas or diya.

Article 634– Anyone who, without legal permission, exhumes a grave shall be sentenced to three months and one day to one year of imprisonment and if he commits any other crimes in addition to exhumation, he shall be sentenced to the punishment provided for that crime as well.

Article 635– Anyone who, violating the regulations provided for burial of the dead, buries a corpse or facilitates its burial or conceals it, shall be sentenced to a fine of one hundred to one million Rials.

Article 636– Anyone who, while being aware of the murder, conceals the corpse of a murdered person, or buries it before reporting it to the officials responsible for the investigation of crimes, shall be sentenced to three months and one day to one year of imprisonment.

Chapter Eighteen- Crimes against public prudency and morality

Article 637– When a man and a woman who are not married to each other, commit indecent acts other than zina, such as kissing or sleeping next to one another, they shall be sentenced to up to ninety-nine lashes; and if the act is committed by force only the one who has used force shall be punished as ta’zir.

Article 638– Anyone in public places and roads who openly commits a harām (sinful) act, in addition to the punishment provided for the act, shall be sentenced to two months’ imprisonment or up to 74 lashes; and if they commit an act that is not punishable but violates public prudency, they shall only be sentenced to ten days to two months’ imprisonment or up to 74 lashes.

Note- Women, who appear in public places and roads without wearing an Islamic hijab, shall be sentenced to ten days to two months’ imprisonment or a fine of fifty thousand to five hundred Rials.

Article 639– The following individuals shall be sentenced to one year to ten years’ imprisonment and in respect to paragraph (A), in addition to the punishment provided, the relevant place shall be closed temporarily at the discretion of the court.

A – Anyone who establishes or directs a place of immorality or prostitution.

B – Anyone facilitates or encourages people to immorality or prostitution.

Note- If the abovementioned act is regarded as qavadi (procuring), in addition to the punishment provided above, [the offender] shall be sentenced to the hadd punishment for qavadi (procuring).

Article 640– The following individuals shall be sentenced to three months to one year of imprisonment and a fine of one million and five hundred Rials to six million Rials and up to 74 lashes or to one or two of the above punishments.

1 – Anyone who, for distribution and business purposes, displays and shows to the public, or produces or keeps any writing or design, gravure, painting, picture, newspapers, advertisements, signs, film, cinema movie, or basically anything, that violates public prudency and morality.

2 – Anyone who, whether personally or through someone else, for the abovementioned purposes, imports or exports the aforementioned objects, or by any means deals or acts as a broker to the [abovementioned] business or any other businesses, or benefits from renting the said objects.

3 – Anyone who, by any means, advertises to encourage dealing and promoting the abovementioned objects, or introduces people who commit the abovementioned illegal acts, or the place the said objects can be obtained.

Note 1- This article is not applicable in the case of objects that are obtained or bought or sold or used in accordance to the Shari’a rules and for scientific or any other permitted reasonable purposes.

Note 2- The object mentioned in this article shall be seized and their contents shall be removed and then shall be submitted to the relevant state organ to be used properly.

Article 641– When anyone disturbs other people through the telephone or other telecommunication devices, in addition to enforcement of special regulations of the Telecommunication Company, shall be sentenced to one to six months’ imprisonment.

Chapter Nineteen- Crimes against family rights and responsibilities

Article 642– Anyone who fails to pay his wife’s nafaqa (maintenance), while he has the financial ability, subject to the wife’s tamkin (obedience), or fails to pay other members of his family that he is legally responsible to pay their nafaqa, shall be sentenced by court to three months and one day to five months’ imprisonment.

Article 643– Anyone who knowingly concludes a marriage contract between a man and a married woman, or a woman who is in her edda period [a period during which a separated or widowed woman is prohibited from remarrying], shall be sentenced to six months to three years’ imprisonment or a fine from three million to eighteen million Rials and up to 74 lashes. And if he is a director of a Marriage and Divorce Register Office or a Notary Public, he shall be permanently prohibited from directing the said offices.

Article 644– Those who knowingly commit one of the following acts shall be sentenced to six months to two years’ imprisonment or a fine of three to twelve million Rials:

1 – Any woman who is married, or during her edda period, with a man, and marries another man but no sexual relations happen.

2 – Anyone who marries a married woman or a woman who is in her edda period, but no sexual relations happen.

Article 645– In order to protect the institution of family, the registration of the marriage contract, a divorce, and revocation of the divorce is mandatory. Any man who concludes a permanent marriage, or divorces, or revokes a divorce without registering in a Register Office, shall be sentenced to up to one year of ta’zir imprisonment.

Article 646– Marriage before puberty without the permission of the guardian is forbidden. If a man violates Article 1041 of the Civil Code, and its note, and marries a girl before she reaches the age of puberty, he shall be sentenced to six months to two years’ ta’zir imprisonment.

Article 647– If before the marriage, any one of the parties to a marriage deceives the other party with unreal claims such as higher education, financial ability, social status, career or special position, being single, etc, and the marriage contract is concluded on the basis of any such claims, the offender shall be sentenced to six months to two years’ ta’zir imprisonment.

Chapter Twenty- Perjury and revealing secrets

Article 648– Doctors and surgeons and midwives and pharmacists and all persons who, due to their profession or career, are trusted with secrets, if they reveal people’s secrets in cases other than those permitted by law, shall be sentenced to three months and one day to one year of imprisonment or a fine of one million and five hundred thousand to six million Rials.

Article 649– Anyone who takes an oath but perjures in a civil or criminal case lodged against him shall be sentenced six months to two years’ imprisonment.

Article 650– Anyone who perjures before the court shall be sentenced to three months and one day to two years’ imprisonment or to a fine of one million and five hundred thousand to twelve million Rials.

Note- The punishment provided in this article is in addition to the punishment for perjury under hudud and qisas and diya provisions.

Chapter Twenty One- Theft and stealing other people’s property

Article 651– When a theft does not meet the requirements for hadd punishment but satisfies all the following five conditions, the offender shall be sentenced to five to twenty years’ imprisonment and up to 74 lashes.

1-The theft is committed during the night.

2-The thieves are two or more individuals.

3-One or more of the thieves carry a visible or hidden weapon.

Note (added on 12/11/2008)- The weapon referred to in this paragraph includes the following:

(1)   All sorts of firearms such as guns and grenades.

(2)   All sorts of cold weapons such as machete, sword, knife, and brass knuckles.

(3)   All sorts of military cold weapons including trench knives that are common in the armed forces of the Islamic Republic of Iran or the like and bayonets attachable on the rifle.

(4)   All sorts of hunting guns including popguns, special guns for anesthetizing animals, and special guns for hunting aquatic animals.

4-If the thief/thieves have climbed a wall or broken into a protected place or used a master key or impersonated civil servants or used their uniforms or titles, or if they committed the theft in a residential place or its attachments.

5-If [the thief/thieves] have threatened or harmed someone during the theft.

Article 652– If the theft is committed with harming someone, or if the thief is armed, he shall be sentenced to three months to ten years’ imprisonment and up to 74 lashes; and if someone is injured, in addition to the punishment for injury, he shall be sentenced to the maximum punishment provided in this article.

Article 653– Anyone who, by any means, commits banditry in the roads and ways, unless he is regarded as mohareb, shall be sentenced to three to fifteen years’ imprisonment and up to 74 lashes.

Article 654-When a theft is committed during the night and the thieves are two or more persons and at least one of them carries a visible or hidden weapon, unless the one who carries the weapon is regarded as mohareb, the offender(s) shall be sentenced to five to fifteen years’ imprisonment and up to 74 lashes.

Article 655– An attempted theft in the cases mentioned in the previous articles is punishable by up to five years’ imprisonment and up to 74 lashes.

Article 656– If a theft does not meet the requirements for the hadd punishment and satisfies the following conditions, the offender shall be sentenced to six months to three years’ imprisonment and up to 74 lashes:

1-The theft is committed in a residential place or its attachments or in public places such as a mosque or public baths etc.

2-The theft is committed in a place that is protected by trees and bushes or hedges or fences and the thief breaks into the protected place.

3-The theft is committed during the night.

4-The thieves are two or more persons.

5-The thief is an employee and has stolen his employer’s property, or stolen someone else’s property in his employer’s house or someone’s house that he had gone there together with the employer or he is an apprentice or worker, or in his usual place of work such as home, shop, workshop, factory, and warehouse.

6-When directors of a hotel and guesthouse and caravansary and basically all persons who due to their job have access to some properties, steal whole or part of that property.

Article 657– Anyone who steals someone’s property through pick-pocketing or purse-snatching and the like shall be sentenced to one to five years’ imprisonment and up to 74 lashes.

Article 658– If the theft is committed in areas stricken by flood or earthquake or war or fire or in a place of a car-crash, provided that it is not punishable by hadd, the offender shall be sentenced to one to five years’ imprisonment and up to 74 lashes.

Article 659– Anyone who steals tools and parts of facilities that are being used by the public and are built or installed at the government’s cost or a joint funding by the government and private sector or by non-governmental or charity organizations, such as water and electricity and gas facilities, shall be sentenced to one to five years’ imprisonment; and if the offender is among the employees of the relevant organizations he shall be sentenced to the maximum punishment provided.

Article 660 (amended on 12/11/2008)- Anyone who, without paying the subscription fee for water and sewage and electricity and gas and telephone, illegally uses water and electricity and telephone and gas and sewage systems, in addition to compensation of the damages, shall be sentenced to a fine equal or twice as much as the damages. If the offender is among the employees of the said organizations he shall be sentenced to the maximum punishment provided.

Article 661– In other cases where the theft does not meet the requirements mentioned in the above articles, the offender can be punished from three months and one day to two years’ imprisonment and up to 74 lashes.

Article 662– Anyone who, knowingly and in spite of reliable circumstantial evidence that implies a property is stolen, obtains or conceals or accepts or deals the property, shall be sentenced to six months to three years’ imprisonment and up to 74 lashes. If the offender deals stolen properties as his career, he shall be sentenced to the maximum punishment provided in this article.

Article 663– Anyone who, knowingly and without permission, takes possession or uses objects and properties seized by competent authorities, and whose act breaches the seizure, even though he is the owner of the property, shall be sentenced to three months to one year of imprisonment.

Article 664– Anyone who, knowingly and deliberately, in order to commit a crime, makes or changes a key or makes or obtains any tools to commit a crime, shall be sentenced to three months to one year of imprisonment and up to 74 lashes.

Article 665– Anyone who steals someone else’s property but his act is not regarded as theft, shall be sentenced to six months to one year of imprisonment; and if his act causes any harm to the victim shall be sentenced to the relevant punishment as well.

Article 666– If an offender repeats the commission of theft, his punishment shall be the maximum punishment provided by law.

Note- If an offender repeats the commission of theft, and if he has three previous final convictions, the court cannot mitigate his punishment under the provisions of mitigating circumstances.

Article 667– In all cases of theft and stealing properties referred to in this chapter, the court, in addition to imposing the punishment provided, shall sentence the offender or thief to restore the stolen property, and if the property is not available to provide its equivalent or pay its value and also to compensate the damages.

Chapter Twenty Two- Threatening and coercing

Article 668– Anyone uses force or coerces or threatens someone else to make him provide a writing or document or signature or stamp, or takes from him a document or writing which, is entrusted, or belongs, to him, shall be sentenced to three months to two years’ imprisonment and up to 74 lashes.

Article 669– Anyone who by any means threatens someone else to death or damage to his body or honor or property or to reveal a secret against him or his relatives, whether or not he demands money or any action, shall be sentenced up to 74 lashes or to two months to two years’ imprisonment.

Chapter Twenty Three- Bankruptcy

Article 670– Those who are convicted of fraudulent bankruptcy shall be sentenced to one to five years’ imprisonment.

Article 671– Culpable bankruptcy is punishable by six to two years’ imprisonment.

Article 672– When a liquidator, while dealing with a case of bankruptcy, colludes between the creditors and bankrupt tradesman, whether directly or indirectly and whether through a contract or any other means, he shall be sentenced to six months to three years’ imprisonment or a fine of three to eighteen million Rials.

Chapter Twenty Four- Breach of trust

Article 673– Anyone who abuses a blank document which is previously signed or stamped and entrusted to him or that he has obtained by any means, shall be sentenced to one to three years’ imprisonment.

Article 674– When goods or real-estate or documents such as a bill of exchange, check, receipt, etc are entrusted to someone under a rent contract or deposit or mortgage or proxy or any paid or unpaid work, and the said items were supposed to be returned, or used for a specific purpose, and the person entrusted with those items uses or destroys or loses them to the detriment of their owners or possessors, he shall be sentenced to six months to three years’ imprisonment.

Chapter Twenty Five- Arson and destruction of property and animals

Article 675– Anyone who deliberately sets fire to a building or house or ship or airplane or factory or warehouse and basically any residential place, or jungle or heap or any type of farming products or trees or farms or gardens belong to someone else, shall be sentenced to two to five years’ imprisonment.

Note 1- If the abovementioned acts are committed with the intent to oppose the Islamic State, it is punishable by the punishment provided for mohareb.

Note 2- Attempted crimes mentioned above are punishable by six months to two years’ imprisonment.

Article 676– Anyone who sets fire to someone else’s movable belongings shall be sentenced to six months to three years’ imprisonment.

Article 677– Anyone who destroys or damages or ruins someone else’s movable belongings or real estate shall be sentenced to six months to three years’ imprisonment.

Article 678– When the crimes mentioned in articles 676 and 677 are committed by using explosives, the offender shall be sentenced to two to five years’ imprisonment.

Article 679– Anyone who deliberately and unnecessarily kills or poisons or wastes or impairs someone else’s halal-meat animal [animals whose meat is permitted to be consumed under Islamic Shari’a], or other [protected] animals that are illegal to hunt, shall be sentenced to ninety one days to six months’ imprisonment or a fine of one million and five hundred thousand to three million Rials.

Article 680– Anyone who without permission and against the law hunts or traps protected wild animals and species shall be sentenced to three months to three years’ imprisonment or a fine of one and a half million to eighteen million Rials.

Article 681– Anyone who, knowingly, burns or destroys any governmental books and deeds and documents shall be sentenced to two to ten years’ imprisonment.

Article 682– Anyone who, knowingly, burns or destroys any non-governmental or commercial documents or bills which causes damage to a third party, shall be sentenced to three months to two years’ imprisonment.

Article 683– Any kind of looting or destruction of goods and properties or crops that is committed by using force by a group of more than three individuals, if the offenders are not considered as mohareb, shall be punishable by two to five years’ imprisonment.

Article 684– Anyone who pastures [his animals] in someone else’s crops, or destroys someone’s vineyard or orchard or palm garden, or cuts or harvests someone else’s crops, or steals or stops the allocated water and causes its waste, or breaks down someone else’s mill, shall be sentenced to six months to three years’ imprisonment and up to 74 lashes.

Article 685– Anyone who, without permission and by any means, destroys or cuts a palm tree shall be sentenced to three to six months’ imprisonment or a fine of one million and five hundred thousand to three million Rials, or both the punishments.

Article 686– Anyone who, knowingly and deliberately and against the Development of Green Spaces Act, cuts or destroys any type of trees mentioned in article one of the said Act, in addition to compensation of the damages, shall be sentenced to six months to three years’ imprisonment or a fine of three million to eighteen million Rials.

Article 687– Anyone who destroys or sets fire to or breaks down or damages tools and facilities used by the public such as water and sewage, electricity, oil, gas, post, telegraph, and telephone networks, and frequency and microwave (telecommunication), and radio and TV centers, and also their related facilities such as dams, channels, pipes, power stations and power and communication lines (air or underground or fiber-optic cables) and the generators and distribution machines which are built by public funding or joint governmental and private funding or by private sector for public use, and also traffic signs and other signs installed to save people’s lives or to ensure safety of the abovementioned facilities or roads, provided that he does not have any intent to disrupt public order and security, shall be sentenced to three months to ten years’ imprisonment.

Note 1- If the abovementioned acts are committed with the intent to disrupt public order and security and to oppose the Islamic State, the offender shall be sentenced to the punishment provided for mohareb.

Note 2- Attempting to commit the abovementioned crimes shall be punishable by one to three years’ imprisonment.

Article 688– Any act that is regarded as a threat to public health, such as polluting drinking waters or distributing polluted drinking waters, insanitary removal of human and animal wastes, throwing poisonous materials into rivers, [throwing] garbage in the streets, the illegal slaughter of animals, the illegal use of raw sewage or drained water of sewage refineries for agricultural purposes, is forbidden and the offenders, unless punishable by more severe punishments under special laws, shall be sentenced to up to one year of imprisonment.

Note 1- It is the responsibility of the ‘Ministry of Health, Treatment and Medical Education’, ‘Department of Environment Protection’, and the ‘Department of Veterinary Medicine’, whichever is concerned, to determine whether or not an act is a threat to public health, or is environmental pollution or the illegal slaughter of animals and removal of animal waste, and further to file a suit.

Note 2- Environmental pollution is defined as distributing or mixing external materials into water or air or soil or land to the extent that changes its physical, chemical, or biological quality and damages the lives of people or other animals and plants.

Article 689– In all the cases mentioned in this chapter, when arson or destruction and other acts result in death or loss of limb or wound or injury to a person, the offender, in addition to the punishments provided, shall be sentenced accordingly to qisas or diya, and in all the cases, to provide compensation for the damages.

Chapter Twenty Six- Violating and trespassing other people’s houses and estates

Article 690– Anyone who, in order to possess or claim to be the right holder, creates scenes and resorts to deceptive measures such as digging the foundations, building walls, changing or removing the borders between land, terracing, digging a canal, drilling a well, planting trees, etc to create evidence for his possession in farming lands (whether already planted or in rotation cultivation), jungles and nationalized meadows, mountains, gardens, tree nurseries, water supplies, springs, natural streams, national parks, agricultural and stockbreeding facilities and farms, wastelands and uncultivated lands and other lands and estates which belong to the government or the companies which belong to the government or municipalities or [Department of] Endowments, and also lands and estates which are endowed for public or private use, or if, without permission of the Department of Environmental Protection or other relevant bodies, resorts to an operation that destroys the environment and natural resources, or  commits any violation or unlawful possession or disruption of rights in the abovementioned cases, shall be sentenced to one month to one year of imprisonment. The court is obliged to order the elimination of the unlawful possession or disruption, or restoration of the previous status.

Note 1- The abovementioned crimes shall be heard out of set order and the judicial authority shall prepare minutes and order the suspension of the offender’s operation until the final decision is made.

Note 2- When the accused persons are three or more individuals and there is strong circumstantial evidence that proves their commission of the crime, an arrest order shall be issued; the claimant can apply for dispossession [of the offender(s)] and demolition of the building and trees and removal of the traces of the violation.

Article 691– Anyone who forcibly enters an estate which is possessed by someone else, whether or not it is walled or fenced, or even if it was not forcible at the beginning but despite the possessor’s warning [the offender] has stayed by using force, in addition to elimination of his violation, shall be sentenced to one to six months’ imprisonment. When the offenders are two or more individuals and at least one of them carries a weapon, they shall be sentenced to one to three years’ imprisonment.

Article 692– Anyone who forcibly possesses someone else’s estate, in addition to removal of the violation, shall be sentenced to three months to one year of imprisonment.

Article 693– If anyone, according to a final judgment, is convicted to eviction or removal of disturbance from a real estate, but after the judgment is enforced, repossesses, or makes disturbance for, the same property again, in addition to removal of the violation, shall be sentenced to six months to two years’ imprisonment.

Article 694– Anyone who forcibly or by resorting to threat enters someone else’s house shall be sentenced to six months to three years’ imprisonment and if the offenders are two or more individuals and at least one of them carries a weapon they shall be sentenced to one to six years’ imprisonment.

Article 695– If the crimes mentioned in articles 692 and 693 are committed during the night the offender shall be sentenced to the maximum punishment provided.

Article 696– In all cases where the offender, in addition to the criminal punishment, is convicted to restoration of the same property or its value or paying the diya and damages caused by the crime, but fails to execute the judgment, at the request of the applicant, the court shall enforce the judgment against the convict through selling his belongings except for exempted items set by law, or to detain the convicted person until he pays the debts.

Note- If the convicted person claims destitution, he shall remain in detention until the confirming decision on his destitution or payment by installments is made.

Chapter Twenty Seven- Libel and Insult and Dishonoring

Article 697– Anyone who, through printed or written papers or by publishing in a newspaper or by giving a speech in events or by any other means, attributes something to a person which is a crime under law and fails to prove that those documents are true, in cases other than those punishable by hadd, shall be sentenced to one month to one year of imprisonment and up to 74 lashes or one of them.

Article 698– Anyone who, with the intent to cause damage to someone or to disrupt the opinion of the authorities or the public by [sending] a letter or complaint or correspondence or petitions or reports or distribution of printed or written papers, whether signed or without a signature, lies or falsely attributes some acts to an individual or a legal person or officials, whether explicitly or implicitly or whether directly or indirectly, and whether or not it causes material or spiritual damages, in addition to restitution of the prestige [of the victim] if possible, shall be sentenced to two months to two years’ imprisonment or up to 74 lashes.

Article 699– Anyone who, knowingly and deliberately, with the intent to accuse an individual, without his knowledge, manipulates or conceals the tools and means of a crime or any object for which its possession can be prosecuted, in his home or workplace or pocket or belongings, or claims that such items belong to him, and as a result of this the said individual is prosecuted, after the prosecution is terminated or he is declared innocent, the offender shall be sentenced to six months to three years or up to 74 lashes.

Article 700– Anyone who satirizes an individual, whether in poetry or prose and whether verbal or written, or publishes a satire, shall be sentenced to one to six months’ imprisonment.

Chapter Twenty Eight- Public consumption of alcoholic beverages and gambling and tramping

Article 701– Anyone who, publically and without acting secretly, consumes alcoholic beverages in public places and roads and events, in addition to the hadd punishment for consumption of alcoholic beverages, shall be sentenced to two to six months’ ta’zir imprisonment.

Article 702– Anyone who produces or buys or sells or proposes to sell or carries or keeps alcoholic beverages or provides to a third person, shall be sentenced to six months to one year of imprisonment and up to 74 lashes and a fine five times as much as the usual (commercial) value of the aforementioned object.

Article 703– Importing alcoholic beverages into the country shall be considered as smuggling and the importer, regardless of the amount [of the beverages], shall be sentenced to six months to five years’ imprisonment and up to 74 lashes and a fine ten times as much as the usual (commercial) value of the aforementioned object. This crime can be tried in the General Courts.

Note 1- In respect to articles 702 and 703, when the discovered alcoholic beverages are more than twenty liters, the vehicle used for its transport, if its owner is aware of the matter, shall be confiscated in favor of the government; otherwise the offender shall be sentenced [to a fine] equal to the value of the vehicle. Tools and equipments used for producing or facilitating the crimes mentioned in the said articles, as well as the money gained through the transactions, shall be confiscated in favor of the government.

Note 2- When civil servants or employees of governmental companies or companies or institutes dependant to government, councils, municipalities or Islamic revolutionary bodies, and basically all the three powers and also members of armed forces and public service officials, commit, or participate, or aid and abet in the crimes mentioned in articles 702 and 703, in addition to the punishments provided, they shall be sentenced to one to five years’ temporary suspension from civil service.

Note 3- The court, under no circumstances, shall suspend the execution of the punishment provided in articles 702 and 703.

Article 704– Anyone who has set up a place for the consumption of alcoholic beverages or invites people to that place shall be sentenced to three months to two years’ imprisonment and 74 lashes or a fine of one million and five hundred thousand to twelve million Rials or both the punishments; and if they commit both of the abovementioned crimes they shall be sentenced to the maximum punishment provided.

Article 705– Gambling by any means is forbidden and the offenders shall be sentenced to one to six months’ imprisonment or up to 74 lashes; and if they commit gambling publically, they shall be sentenced to both the punishments.

Article 706– Anyone who buys or carries or keeps gambling tools shall be sentenced to one to three months’ imprisonment or a fine of five hundred thousand to one million and five hundred thousand Rials.

Article 707– Anyone who makes or sells or offers to sell or imports or provides to someone else shall be sentenced to three months to one year of imprisonment and one million and a fine of five hundred thousand to six million Rials.

Article 708– Anyone who sets up a gambling house or invites people to that place shall be sentenced to six months to two years’ imprisonment or a fine of three million to twelve million Rials.

Article 709– All the tools and cash that belong to gambling shall be, respectively, destroyed or confiscated as a fine.

Article 710– Individuals who accept to serve in the gambling houses or places prepared for the consumption of alcoholic beverages mentioned in articles 701 and 705, or by any means assists the directors of such places, shall be considered as an accessory to the crime and their punishment is [equal to] the punishment provided for the principal to the crime; however, the court, considering the circumstances and the extent of his acts, may mitigate his punishment.

Article 711– When a law enforcement officers and other competent officials are aware of the places mentioned in articles 704 and 705 and 708 or persons mentioned in article 710 but fail to report the issue to relevant authorities or they produce false reports, if they are not subject to a harsher punishment under another law, they shall be sentenced to three to six months of imprisonment or up to 74 lashes.

Article 712– Anyone who has chosen beggary or swindling as his occupation and earns his living out of it shall be sentenced to one to three months’ imprisonment; and if he commits the abovementioned acts while he has no financial need, in addition to the punishments provided, all the properties gained though beggary and swindling shall be confiscated.

Article 713– Anyone who uses a child or an incompetent person for a beggaring purpose or appoints some people for this purpose, shall be sentenced to two years and restitution of all properties gained through this way.

Chapter Twenty Nine- Traffic Crimes

Article 714– When negligence or recklessness or violation of state regulations or the lack of driving skills of a driver of land or marine or air vehicles or operator of a motorized vehicle causes a manslaughter, the offender shall be sentenced to six months to three years’ imprisonment, and also payment of diya, if requested by blood owners.

Article 715– When any one of the grounds mentioned in article 714 causes untreatable physical or mental illness or loss of a sense or disability of a limb that is crucial in human life, or the permanent disfiguration of a limb or face, or miscarriage, the offender shall be sentenced to two months to one year of imprisonment, and the payment of diya, if requested by blood owners.

Article 716– When any one of the grounds mentioned in article 714 causes a bodily injury that permanently impairs a sense or makes a limb defective, or if it destroys a part of the affected limb without causing disability of that limb, or causes a premature delivery by a pregnant woman, the offender shall be sentenced to two months to six months’ imprisonment, and payment of diya, if requested by the victim.

Article 717– When any one of the grounds mentioned in article 714 causes bodily injury, the offender shall be sentenced to one to five months’ imprisonment, and payment of diya, if requested by the victim.

Article 718– In the abovementioned articles, when a driver or operator of a motorized vehicle, at the time of commission of the crime, was drunk or lacked the [required driving] license or exceeded the speed limit, or used the motorized vehicle despite mechanical defects and malfunction which is effective in causing the accident, or ignores the special lines allocated for pedestrians, or drives through forbidden pathways, shall be sentenced to more than two-thirds of the maximum punishment provided in the above article. The court, in addition to the abovementioned punishment, may ban the offender from driving or operating motorized vehicles for one to five years.

Note- In execution of the punishments provided in articles 714 and 718 of this Code, paragraph 1 of article 3 of the Law of Clearance of some of the Government’s Incomes and its Spending in Specific Cases adopted by the IRI Parliament on 19/03/1995 is not applicable.

Article 719– When an injured person [in a car crash] needs urgent help and the driver, while being capable of taking the injured person to a medical center or calling for help from police forces, or in order to escape from prosecution leaves the scene and abandons the injured person, he shall be sentenced to more than two-thirds of the punishment provided in articles 714 and 715 and 716. The court is not allowed to mitigate the punishment under this article.

Note 1- The driver is allowed to move the vehicle from the accident scene to perform the duties mentioned in this article, [only] if there is no other way to help the injured person.

Note 2- In all the above mentioned cases, when the driver takes the injured person to a place for treatment and rest, or informs the relevant officials about the incident, or if by any means facilitates the injured person’s treatment and rest and relief, the court shall consider mitigating his punishment.

Article 720– Anyone who manipulates the numbers and specifications of plates of land or marine or farming motorized vehicles, or attaches another motorized vehicle’s plate to it, or attaches a false plate, or uses such vehicles while being aware of the false or manipulated plate, and also anybody who, without permission from the traffic police, changes the chassis or motor or plate numbers of motorized vehicles or motor or chassis plates which are carved or installed by the manufacturer company, or changes its original form, shall be sentenced to six months to one year of imprisonment.

Article 721– Anyone who wants to junk a motorized vehicle must first report the issue and the place the car is parked to the local traffic police office. The traffic police must issue the permission within one week and if for some reason they disagree with junking [the vehicle], inform the applicant about its decision within the same period. If the traffic police do not declare their decision in the said period, junking the vehicle is permitted after the deadline is expired. Violation of this article shall be punishable by two months to one year of imprisonment.

Article 722– If a motorized vehicle or its plate is stolen or lost, the possessor of the vehicle, whether or not he is the owner of the vehicle, as soon as he becomes aware, shall report the issue to the nearest police station. Violation of this article shall be punishable by five hundred thousand to one million Rials.

Article 723– Anyone who, without an official driving license, drives or operates a motorized vehicle that requires a special license, and also anyone who is banned by a court decision from driving a motorized vehicle, drives the aforementioned vehicles, in the first instance shall be sentenced to up to two months’ ta’zir imprisonment or a fine of up to one million Rials or both the punishments, and in the case of recurrence shall be sentenced to two to six months’ imprisonment.

Article 724– Any driver of a vehicle that deliberately manipulates the speed-recorder equipment of the vehicle so that the equipment shows a lower speed than the actual speed, or drives the vehicle while being aware that the said equipment is manipulated, in the first instance shall be sentenced to ten days to two months’ imprisonment or a fine of fifty thousand to five hundred thousand Rials or both the punishments, and in the case of recurrence shall be sentenced to six months to two to six months’ imprisonment.

Article 725– If any government official who is responsible for the assessment of driving skills and issuance of driving licenses, issues a driving license for an incompetent applicant, they shall be sentenced to six months to one year of ta’zir imprisonment and five years’ prohibition from civil service and the aforementioned license shall be revoked.

Article 726– An accessory to a ta’zir crime shall be punished with the minimum punishment provided for the same crime.

Article 727– The crimes mentioned in articles 558, 559, 560, 561, 562, 563, 564, 565, 566, later part of article 596, 608, 622, 633, 642, 648, 668, 669, 676, 677, 679, 682, 684, 685, 690, 692, 694, 697, 699, and 700 shall not be prosecuted unless by complaint of a private complainant and if the private complainant forgives [waives his complaint] the court may mitigate the punishment of the offender, or according to the Shari’a provisions abandon the prosecution.

Article 728– Considering the characteristics of a crime and the offender and the number of instances in which the crime was committed, when delivering the judgment and if required, the court may apply the rules regarding mitigation or the suspension of punishment and supplementary and substitute punishments such as the temporary deprivation of public services.

Source: Iran Human Rights

CONSTITUTION OF THE ISLAMIC REVOLUTIONARY GUARDS (IRGC)

Table of Contents

iran data portal logo
Section 1: Goal

Article 1: The Revolutionary Guards is an institution under the Leader’s supreme command. Its goal is to protect Iran’s Islamic Revolution and its achievements and persistently struggle to achieve the divine aims, spread the rule of the law of God in accordance with the Islamic Republic of Iran’s laws, and to fully strengthen the Islamic Republic’s defensive foundations through cooperation with other armed forces and through the military training and organizing of popular forces.

Section 2: Mission

Article 2: Legal struggle with agents and currents which aim to sabotage or destroy the Islamic Republican system or act against the Iranian Islamic Revolution.

Article 3: Legal struggle with agents who try to eliminate the rule of the Islamic Republic’s laws through force and violence.

Article 4: Taking the same measures which other security forces take towards disarming those who carry and keep arms and supplies without legal permission.

Article 5: Cooperation with the security forces when necessary towards establishing order and security and the rule of law in the country.

Note: The Revolutionary Guards shall act as bailiff for the Judiciary in matters of the aforementioned missions in the abovementioned articles.

Article 6: Cooperation with other security forces to protect political and religious locations and individuals as directed by the neighborhood security council. (The boundaries of duties and powers of this council shall be in accordance with the law to be ratified by the Islamic Consultative Council.)

Article 7: Cooperation with the Islamic Republic of Iran’s army when necessary in order to protect the Islamic Republic of Iran’s independence, territorial integrity, and Islamic Republican system.

Note: the necessary articles and the nature of the Revolutionary Guards’ cooperation with the army shall be determined by the Supreme Defense Council.

Article 8: Cooperation with the nationwide intelligence organs shall be in accordance with a law to be ratified by the Islamic Consultative Assembly.

Article 9: Planning, organizing, administering, commanding, and implementing the ideological, political, and military education of the members of the Basij of the Abased shall be in accordance with Islamic values.

Article 10: Participation in aid operations in the event of disasters or accidents and providing support for aid, education, production, and the Jihad for Reconstruction services in times of peace shall be at the request of the government and in full accordance with the values of Islamic justice, as stipulated by the Revolutionary Guards’ Supreme Council, such that that it not lose the military preparedness required to fulfill its missions .

Article 11: The training and education of members of the Revolutionary Guards [shall be] in accordance with Islamic teachings and values, based on the guidance of the Velayat-e Faqih in the ideological, political, and military realms in order to obtain the strength necessary to perform the duties assigned to them.

Section 3: Organizations

Article 12: In accordance with Article 110 of the Constitution of the Islamic Republic of Iran, the supreme leadership of the Revolutionary Guards belongs to the Leader.

Article 13: The organizational pillars of the Revolutionary Guards consist of:

a)      The Revolutionary Guards’ Commander-in-Chief

b)      The Ministry of the Revolutionary Guards

c)      The Revolutionary Guards’ Supreme Council

Article 14: The Revolutionary Guards have two lines of organizational structure, command and ministerial, whose responsibilities devolve upon the Commander-in-Chief and the Minister of the Revolutionary Guards, respectively.

Article 15: The Commander-in-Chief is responsible in the spheres of personnel, military training, ideological-political training, propaganda and publications, provisions, logistics, intelligence, planning operations, and matters related to the Basij of the Abased. The units described below are responsible for executing these tasks.

a)      The Personnel Unit is responsible for forecasting needs in human resources, accepting them, and managing them.

b)      The Military Training Unit is responsible for planning and implementing military (individual or unit) and specialist training for members of the Revolutionary Guards.

c)      The Ideological-Political Educational Unit is responsible for determining the content of the ideological-political education of the members of the Revolutionary Guards and the Basij, as well as planning and implementing the above education and training and recruiting trainers.

d)      The Propaganda and Publications Unit is responsible for all propaganda and publications which are published and distributed in the name of the Revolutionary Guards through mass media (in the form of books, pamphlets, magazines, journals, newspapers, statements, analyses, tapes, films, and radio or television broadcasts.)

e)      The Provisioning and Logistics Unit is responsible for handling needs and guarding and distributing provisions, equipment and the foundational needs of the Revolutionary Guards.

f)       The Intelligence Unit is responsible for performing duties, the laws governing which shall be determined by the Islamic Consultative Assembly.

g)      The Planning and Operations Unit is responsible for preparing operational plans, implementing communications operations and dispatching forces.

h)      The Basij of the Abased Unit’s duties are as described in Section Four of these bylaws.

i)       The Engineering Unit is responsible for weapons and military engineering, non-military engineering, mapping, geography, communications, and electronics.

Note: in sections c and d, the substance and programs concerning ideological and political education and publications and propaganda must be confirmed by the Leader or a representative who had been determined by the Revolutionary Guards.

Article 16: The Ministry of the Revolutionary Guards is responsible in the administrative, financial, legal, parliamentary, and provisioning fields. In order to fulfill these responsibilities, it must consult as follows:

a)      Administration and financial consultation is responsible for accepting personnel needed by the Ministry of the Revolutionary Guards, carrying out the Revolutionary Guards’ personnel duties, balancing credit, organizing the budget, communicating the budget ratified to the sectors, implementing the budget (including distributing credit and keeping records), accounting, and supervision and control over expenditures.

b)      Parliamentary-legal consultation is responsible for preparing and organizing bills needed by the Revolutionary Guards; establishing relations between the Revolutionary Guards, the government and the Majles; communicating laws and regulations to the Revolutionary Guards; supervision over the proper execution of laws and agreements; defense of the Revolutionary Guards in legal centers; and the receipt of the government’s political instructions and their communication to the Revolutionary Guards.

c)      Logistical and engineering consultation is responsible for preparing and securing for provisional and logistical needs, establishing necessary institutions, and executing engineering instructions.

Article 17: The Minister of the Revolutionary Guards is tasked with preparing the Ministry of the Revolutionary Guards’ organizational plans and bringing them to ratification by the Council of Ministers, with the cooperation of the nationwide Organization of Administrative and Employment Affairs and within the framework of these bylaws.

Note: This ministry’s budget shall be allocated at the level of 112,000 Revolutionary Guards.

Article 18: The Supreme Council of the Revolutionary Guards was organized with the goal of coordinating the command and ministerial spheres and preparing and agreeing on strategies, plans, and programs and explaining the duties of sectors and instructions in command centers within the context of the council’s bylaws. It is to be composed of officials as listed below and called the Supreme Council of the Revolutionary Guards. Its resolutions must be brought to the attention of the Leader or an appointed representative of his in the Revolutionary Guards. If it is not vetoed by the Leader or his representative, its implementation is mandatory.

a)      The Commander-in-Chief

b)      The Minister of the Revolutionary Guards

c)      The Chief of the Central Staff

d)      The Officer of the Basij of the Abased Unit

e)      The Officer of the Intelligence Unit

f)       The Officer of the Planning and Operations Unit

g)      The Officer of the Personnel Unit

h)      The Officer of the Provisions and Logistics Unit

i)       The Officer of the Propaganda and Publications Unit

j)       The Officer of the Ideological-Political Unit

k)      A representative (should he exist) of the Leader

Article 19: Other officials from the Central Staff and advisors to the Minister of the Revolutionary Guards Units may participate in meetings of the Supreme Council of the Revolutionary Guards without the right to vote.

Article 20: Meetings of the Supreme Council held in the absence of the Commander-in-Chief (or, in his absence, the Deputy Commander-in-Chief) and the Minister of the Revolutionary Guards (or, in his absence, the Deputy Minister of the Revolutionary Guards) and the representative, should he exist, of the Leader (and in his absence, his deputy) shall not be recognized.

Note: Meetings of the Supreme Council will be recognized if two-thirds of its members are present. Its decisions will be by majority vote.

Article 21: Meetings of the Supreme Council will be held on a weekly basis. If necessary and at the request of the Commander-in-Chief, the Minister of the Revolutionary Guards or a representative (should he exist) of the Leader, an extraordinary session can be organized.

Article 22: The Supreme Council’s decisions shall be communicated to the sphere of command through the chain of organizational hierarchy and then be implemented.

Article 23: The Revolutionary Guards’ Commander-in-Chief is obliged to communicate the Supreme Council of the Revolutionary Guards’ decision to the relevant units within 48 hours for implementation. Should there be a violation of its decisions, the matter shall be reported to the Leader.

Article 24: The Central Staff organizes Personnel Affairs, Military Education, Ideological-Political Education, Publications and Propaganda, Intelligence, Planning and Operations, the Basij of the Abased, and Engineering units of the Central Staff. They are to be administered under the leadership of the Chief of the Staff and help the Central Staff of the Commander-in-Chief execute the Revolutionary Guards’ aims through planning, support and supervision. The officers of the units of the Central Staff are consultants to the Commander-in-Chief of the Revolutionary Guards in their respective field of expertise, and the Central Staff will perform its duties with the aid of the staffs of other ranks.

Article 25: In ranks from the Commander-in-Chief of the Revolutionary Guards down to whatever rank the Supreme Council of the Revolutionary Guards considers necessary, staffs shall be organized along with a council composed of: each rank of the commander or the deputy of that rank, a representative of the Leader’s representative (should he exist), the chief of the staff, and officers of the units of the staffs. The sphere of these councils’ responsibilities shall be determined by the Supreme Council of the Revolutionary Guards.

Note: The Chief of the Staff and the officers of the staff units shall be appointed upon the recommendation of the commander of each rank and with the confirmation of the Commander-in-Chief.

Article 26: The Commander-in-Chief’s departments. In order to help the Commander-in-Chief of the Revolutionary Guards in performing his duties as commander, the following departments shall be organized. Their officers and members shall be appointed and dismissed by him.

a)      The Command Department shall be responsible for administering departmental, secretarial, and public relations affairs of the Commander-in-Chief.

b)      The Department for Investigation and Review shall be responsible for helping the Commander-in-Chief to review the suitability of people who have been recommended for appointment as well as informing him on how the various ranks of the Revolutionary Guards are performing.

Article 28: The command structure of the Revolutionary Guards is centralized, and protecting the chain of command and observing total order and discipline is necessary. The Revolutionary Guards’ chain of command is composed of:

      1) The Leader

      2)  The Revolutionary Guards’ Commander-in-Chief

      3)  Regional commanders

      4)  District commanders

      5)  Base commanders

      6)  Guardhouse commanders

Article 29: After the Leader, the Revolutionary Guards’ Commander-in-Chief is the Revolutionary Guards’ highest executive post. He may be appointed and dismissed by the Leader and is responsible before him in all matters which devolve upon him. All ranks of the Revolutionary Guards are responsible before the Commander-in-Chief. The Commander-in-Chief is responsible for the scrupulous implementation of the Revolutionary Guards’ Supreme Council’s bylaws and decisions in the sphere of command.

Article 30: Guidance in operations, appointments and dismissals in the Revolutionary Guards is the Revolutionary Guards’ Commander-in-Chief’s responsibility.

Note: The appointment and dismissal of regional commanders is to be done upon the recommendation of the Commander-in-Chief and ratification by the Supreme Council of the Revolutionary Guards.

Article 31: The Commander-in-Chief of the Revolutionary Guards shall appoint or dismiss the Deputy Commander-in-Chief of the Revolutionary Guards, the Chief of the Central Staff, and the officers of the units of the Central Staff subject to the confirmation of the Leader or whatever representative in the Revolutionary Guards he has appointed.

Note 1: The officers of the Ideological-Political Education and the Publications and Propaganda units, and the officers of the ranks below, them shall be appointed by clerics approved by the Leader or the representative he appointed in the Revolutionary Guards.

Note 2: Should the Leader appoint a representative in the Revolutionary Guards, he shall take precedence in taking on responsibility for the Ideological-Political Education and the Publications and Propaganda units, with the Leader’s agreement.

Article 32: The deputy commander takes on all the commander’s duty in the latter’s absence. In his presence, he serves as an aide to the Commander-in-Chief in the Revolutionary Guards’ department.

Article 33: Should a representative be appointed in the Revolutionary Guards by the Leader, he may:

a)      Supervise all the Revolutionary Guards’ affairs and the commanders’ decisions from the perspective of the sharia’s values and the Leader’s guidance. Should he determine that there be any manner of violation, the officials are obliged to reconsider their decision in light of the aforementioned values.

Note: In order for there to be supervision over all the Revolutionary Guards’ ranks, the Leader shall appoint a suitable cleric for each rank as his representative.

b)      Cooperate with representatives whom the Leader appointed in other armed forces in order to create coordination and brotherly relations between the armed forces.

Article 34: The Conditions of the Revolutionary Guard. Someone is called a Revolutionary Guard who has entered the Revolutionary Guards, considers an all-sided jihad for the sake of God and to protect the Islamic Revolution and its achievements to be a duty under the sharia, and fulfills the following conditions:

a)      Belief in the foundations of Islam, the Islamic Revolution, and the Islamic Republican system.

b)      Belief and commitment in action to the velayat-e faqih.

c)      Commitment in action to Islam’s commandments, the Islamic Republic’s laws, and following Islam’s moral values.

d)      Good repute and lack of a bad record.

Note: Revolutionary Guard commanders, particularly Commanders-in-Chief, must, in addition to the aforementioned conditions, have the necessary acquaintance with issues of ideology, politics, and expertise and enjoy an adequate managerial capacity.

Section 4: The bylaws of the Unit of the Basij of the Abased

Article 35: The goal of organizing the Unit of the Basij of the Abased is to create the necessary strengths in all individuals who believe in the Constitution and the Islamic Republic’s goals in order to defend the country and the Islamic Republican system, as well as aid the people in the event of disaster or unexpected events in coordination with the relevant authorities.

Article 36: To implement Article 9 of the Revolutionary Guards’ Bylaws, the Basij’s duties are as follows:

1)      Military training to strengthen the defense of the Islamic Republic of Iran and its territorial integrity.

2)      Ideological and political training and education in required fields of expertise.

3)      Organization of the Basij members.

4)      Preparing defense plans in cooperation with the other relevant organs.

Note: All organizations and organs under various names in the field of military training and preparation that are active in the people’s Basij, except for public conscription, shall be dissolved and these activities shall be concentrated in the Revolutionary Guards.

Article 37: All cities, classified by size and population, shall be divided into several regions of resistance. Each such region shall be subdivided into several districts of resistance. Each district of resistance shall be divided into bases of resistance. The bases of resistance shall include organized groups.

Note: The country’s towns, hamlets, and villages shall have Basij resistance cells.

Article 38: The Revolutionary Guards shall organize neighborhood resistance cells with the cooperation of the neighborhood’s clergy, trustees, and legal neighborhood councils at the level of every neighborhood.

Note: Basij resistance cells are the smallest units of the Basij.

Article 39: Local Basij units must be distributed in such a way that resistance cells will be organized in all neighborhoods in the shortest amount of time.

Article 40: In the Basij’s executive ranks, for each layer and craft covered by that Basij, one prominent and reliable person and a prominent neighborhood cleric in charge of the relevant Basij unit shall organize a Basij council. This council shall be a consultative council for the Basij official and be his ultimate authority.

Note: The council’s cleric in each rank must be approved by the Leader or the representative he appoints in the Basij or the representative of the Leader’s representative. The other members of the council shall be appointed through the Basij’s official and the cleric of the corresponding council.

Article 41: Members of the Army of Twenty Million are categorized as follows:

a)      Ordinary members. The general classes believing in the Islamic Republic’s constitution and the Islamic Revolution’s goals who enter the Army of Twenty Million (the Revolutionary Guards’ Basij of the Abased) as ordinary members – after passing a period of education –  are to engage in support and military activities in time of war as well as welfare, service, social, political, and intelligence activities within the framework of the laws and regulations.

b)      Active members. These are people who are organized after passing periods of general education and who are consolidated while they continue their studies and special programs.

Note: Ordinary and active members are personnel of unconfirmed cadres and do not receive a fixed salary.

c)      Special members. These are active members who have the qualifications to be a Revolutionary Guard and have an educational and personal record and, when needed, shall be placed at the disposal of the Revolutionary Guards on a full-time basis. These individuals hold a special card and are in the Revolutionary Guards’ organized ranks.

Article 42: All individuals and officers of the staff units of the Basij and commanders of the Basij’s centers and commanders of the regions of resistance (in the cities) shall be Revolutionary Guards. The districts of resistance shall be the Revolutionary Guards or members of the special members of the Basij. The bases of resistance commanders shall be special members [of the Basij] and the commanders of the resistance groups shall be active members.

Article 43: According to Article 172 of the Constitution, crimes related to special military or security duties by members of the Revolutionary Guards shall be investigated in military trials, but their civilian crimes or crimes which they committed as bailiffs for the prosecutor shall be investigated in civilian trials.

Article 44: The people’s complaints and protests concerning members of the Revolutionary Guards, sectors [of it], or bylaws acted upon by it shall be reviewed by an administrative court of justice.

Article 45: The Revolutionary Guards’ Supreme Council is obliged within six months to prepare bailiffs to purge the Revolutionary Guards and present them as a bill to the Islamic Consultative Assembly.

Article 46: Should a member of the Revolutionary Guard be absent without leave for over fifteen days in peacetime or five days in wartime, he shall be considered a deserter and shall be pursued by the military courts and subject to punishment under the law. The punishment for desertion shall be less than the punishment for desertions according to the disciplinary regulations ratified by the Revolutionary Guards’ Supreme Council.

Article 47: The Revolutionary Guards follow the velayat-e faqih politically and ideologically and are independent of all political parties and groups, nor shall they have a political character in society, or act as a political party or organization.

Article 48: Members of the Revolutionary Guards have no right to join any political party or group or organization. Should they continue to be members of any such, they must be expelled from the Revolutionary Guards.

Article 49: The basic needs of daily life, housing, and medicine of a Revolutionary Guard and his family during his term of service or impairment or retirement shall be guaranteed. Its stipulations shall be determined in the bylaws, which shall be passed by the Revolutionary Guards’ Supreme council.

The above bylaws, containing forty-nine articles and sixteen notes, were passed in a meeting on Monday, the fifteenth of Shahrivar, one thousand three hundred and sixty one [September 6, 1982] of the Islamic Consultative Assembly and were upheld by the Guardian Council.

President of the Islamic Consultative Assembly, [Ali-]Akbar Hashemi[-Rafsanjani]

This translation has been taken from Iran Data Portal Website

New Islamic Penal Code of the Islamic Republic of Iran: Book One & two

Adopted by the Legal Affairs Commission of the Islamic Consultative Assembly on April 21, 2013

Table of Contents

BOOK ONE- PRELIMINARY
Part One- General Articles
Chapter One- Definitions


Article 1- The Islamic Penal Code consists of crimes and punishments of hududqisasdiyatta’zirat, the security and correctional measures, requirements and barriers of criminal responsibility and the rules that apply to them

Article 2– Any conduct, including action or omission, for which punishment is provided by law, constitutes an offense.

Chapter Two- Scope of Application of Penal Laws According to Place

Article 3– Iran’s criminal laws shall apply to all persons who commit a crime within the territorial, maritime and aerial jurisdiction of the Islamic Republic of Iran, unless otherwise provided by law.

Article 4– When part of an offense or its result occurred inside Iranian territory, the offense shall be deemed as having been committed inside the Islamic Republic of Iran.

Article 5– Any Iranian or non-Iranian person who commits one of the following offenses, or offenses prescribed in specific laws, outside Iran’s jurisdiction, shall be tried and punished in accordance with the laws of the Islamic Republic of Iran; and when prosecution of these crimes outside of Iran have resulted in legal conviction and the punishment is carried out, the Iranian court, when determining the ta’zir punishments, shall consider the amount of punishment which is carried out:

(a)   Acting against the regime, and the internal and external security, and territorial integrity or the independence of the Islamic Republic of Iran.

(b)   Forging a stamp, signature, decree, order, or handwriting of the Leader or using them.

(c)    Forging the official stamp, signature, decree, order, or handwriting of the President, Head of Judiciary, Chairperson and Members of Islamic Consultative Assembly [Parliament], Chairperson of Experts Assembly, Head of Supreme Court, Attorney General, Members of Guardian Council, Chairperson and Members of Expediency Discernment Council of Regime, any of the Ministers or Vice Presidents, or using them.

(d)   Forging decisions or writs issued by judicial authorities or other legal bodies, or using them.

(e)    Counterfeiting Iranian current banknotes or the banks’ binding documents, and also forging treasury bills, bonds issued or guaranteed by government, or counterfeiting coins and distributing counterfeit current domestic coins.

Article 6– Offenses committed by Iranian or non-Iranian employees of the Government of the Islamic Republic of Iran outside Iranian territory in relation to their office and duties, as well as any offense committed by Iranian diplomats and consulate agents and other dependents of the Iranian Government that enjoy diplomatic immunity, shall be dealt with in accordance with the laws of the Islamic Republic of Iran.

Article 7– In addition to the cases mentioned in the articles above, any Iranian national who commits a crime outside Iran and is found in, or extradited to, Iran shall be prosecuted and punished in accordance with the laws of the Islamic Republic of Iran, provided that:

(a)   The committed conduct is deemed an offense under the law of the Islamic Republic of Iran.

(b)   If the committed crime is punishable by ta’zir, the accused person is not tried and acquitted in the place of the commission of the crime, or in the case of conviction the punishment is not, wholly or partly, carried out against him.

(c)    According to Iranian laws there is no basis for removal or discontinuation of prosecution or discontinuation or cancellation of execution of the punishment.

Article 8– When a non-Iranian person outside Iran commits a crime other than those mentioned in previous articles against an Iranian person or the Iranian State and is found in, or extradited to, Iran, his crime shall be dealt with in accordance with the criminal laws of the Islamic Republic of Iran, provided that:

(a)   In the case of crimes punishable by ta’zir, the accused person is not tried and acquitted in the place of commission of the crime, or in the case of conviction, the punishment is not, wholly or partly, carried out against him.

(b)   In the case of crimes punishable by ta’zir, the committed conduct is deemed an offense under the law of the Islamic Republic of Iran and the law of the place of the commission.

Article 9– Perpetrator of the offenses, which, according to a special law or international Conventions and laws shall be prosecuted in the country that he is found, if arrested in Iran shall be prosecuted and punished in accordance with the laws of the Islamic Republic of Iran.

Chapter Three- Scope of Application of Penal Laws According to Time

Article 10– In governmental regulations and arrangements, punishment and security and correction measures must be in accordance with a law adopted prior to commission of the crime; and no one who has committed any conduct including any act or omission is punishable by the law passed subsequently. However, if, after the offense is committed, a law is passed which provides mitigation or abolition of the punishment or security and correction measures or is favorable to the perpetrator in some other way, it is applicable to the offenses committed prior to the passage of the law until the final judgment is issued. In cases where a final binding judgment is issued under a previous law, action shall be taken according to the following procedure:

(a)   In case the conduct, which was an offense in the past, is not considered as an offense under a subsequent law, the final judgment shall not be executed, and if it is in the process of execution, it shall be suspended; and in these cases, and also in cases where the judgment has already been executed, there shall be no criminal consequences.

(b)   In case the punishment of an offense is reduced under a subsequent law, the enforcement judge is obliged, before, or during, the execution, to ask the court which has issued the final judgment to correct it according the subsequent law. The convict, too, may apply for the commutation of the punishment from the issuing court. The issuing court, considering the subsequent law, shall reduce the previous punishment. The same rules mentioned in this paragraph shall be applicable on security and correction measures imposed on minor offenders. In such cases, the natural or judicial guardian of [the minor offender], too, can apply for the commutation of the security and correction measures.

Note- Unless otherwise stipulated by the subsequent law, the above mentioned provisions shall not be applicable on laws adopted for a specific period or specific cases.

Article 11– The following laws shall be given immediate effect towards the crimes committed prior to the adoption of the law:

(a)   Laws relating to judicial structure and jurisdiction

(b)   Laws relating to evidence before the judgment is executed

(c)    Laws relating to judicial procedures

(d)   Laws relating to ‘lapse of time’

Note- If in the case of paragraph (a) above, a final judgment has been issued, the case shall be sent to the court which has issued the final judgment to be reviewed.

Chapter Four- Legality of crimes, punishments and criminal procedures

Article 12– Imposing and executing a punishment or security and correctional measures shall be carried out by a competent court and in accordance with the law and subject to conditions and requirements specified in the law.

Article 13– Imposing and executing a punishment or security and correctional measures shall not breach the limit and conditions specified in the law or the judgment; and any loss or damage, if caused deliberately or negligently shall be followed by criminal and civil liability accordingly; otherwise, the loss shall be recovered from the public treasury.

Part Two- Punishments
Chapter One- Main Punishments

Article 14– Punishments provided in this law are divided into four categories:

(a)   Hadd

(b)   Qisas

(c)    Diya

(d)   Ta’zir

Note- If causality between a legal person’s conduct and a loss is established, diya and damages can be claimed. Imposing ta’zir punishments against legal persons shall be in accordance with article 20.

Article 15– Hadd is a punishment for which the grounds for, type, amount and conditions of execution are specified in holy Shari’a.

Article 16– Qisas is the main punishment for intentional bodily crimes against life, limbs, and abilities which shall be applied in accordance with Book One of this law.

Article 17– Diya, whether fixed or unfixed, is monetary amount under holy Shari’a which is determined by law and shall be paid for unintentional bodily crimes against life, limbs and abilities or for intentional crimes when for whatever reason qisas is not applicable.

Article 18– Ta’zir is a punishment which does not fall under the categories of haddqisas, or diya and is determined by law for commission of prohibited acts under Shari’a or violation of state rules. The type, amount, conditions of execution as well as mitigation, suspension, cancellation and other relevant rules of ta’zir crimes shall be determined by law. In making decisions in ta’zir crimes, while complying with legal rules, the court shall consider the following issues:

(a)   The offender’s motivation and his/her mental and psychological conditions when committed the crime

(b)   Method of committing the crime, extent of a breach of duty and its harmful consequences

(c)    Conduct of the offender after committing the crime

(d)   The offender’s personal, family, and social background and the effect of the ta’zir punishment on him/her

Article 19– Ta’zir punishments are divided into eight degrees:

First Degree

―     Imprisonment for over twenty-five years

―     Fine of more than one billion (1,000,000,000) Rials

―     Confiscation of whole assets

―     Dissolution of the legal person

Second Degree

―     Imprisonment from fifteen to twenty-five years

―     Fine from five hundred and fifty million (550,000,000) Rials to one billion (1,000,000,000) Rials

Third Degree

―     Imprisonment from ten to fifteen years

―     Fine from three hundred and sixty million (360,000,000) Rials to fifty-five million (550,000,000) Rials

Fourth Degree

―     Imprisonment from five to ten years

―     Fine from one hundred and eighty million (180,000,000) Rials to three hundred and sixty million (360,000,000) Rials

Fifth Degree

―     Imprisonment from two to five years

―     Fine from eighty million (80,000,000) Rials to one hundred eighty million (180,000,000) Rials

―     Deprivation from social rights from five to fifteen years

―     Permanent ban from one or more professional or social activity (activities) for legal persons

―     Permanent ban from public invitation to increase the capital for legal persons

Sixth Degree

―     Imprisonment from six months to two years

―     Fine from twenty million (20,000,000) Rials to eighty million (80,000,000) Rials

―     Flogging from thirty-one to seventy-four lashes and up to ninety-nine lashes in indecent crimes

―     Deprivation from social rights from six months to five years

―     Publication of the final judgment in the media

―     Ban from one or more professional or social activity (activities) for legal persons for up to five years

―     Ban from public invitation to increase the capital for legal persons for up to five years

―     Ban from drawing some commercial bills by legal persons for up to five years

Seventh Degree

―     Imprisonment from ninety-one days to six months

―     Fine from ten million (10,000,000) Rials to twenty (20,000,000) million Rials

―     Flogging from eleven to thirty lashes

―     Deprivation from social rights up to six months

Eighth Degree

―     Imprisonment up to three months

―     Fine up to ten million (10,000,000) Rials

―     Flogging up to ten lashes

Note 1:  The cases of deprivation of social rights are the same as referred to under consequential punishments.

Note 2:  Any punishment for which its minimum amount does not fit into any one of the abovementioned degrees and its maximum fits into a higher degree shall be regarded as the higher degree.

Note 3: In the event of multiplicity of the punishments, the most severe punishment, and, if it is not possible to determine the most severe punishment, the length of the imprisonment, shall be the determining factor. Also, if a punishment does not fit into any of the abovementioned eight sections, it shall be regarded as seventh degree.

Note 4: The sections of this article and its notes are only aimed to classify the punishments and shall have no effect on the minimum and maximum of the punishments provided in the current laws.

Note 5: Confiscation of the property and the objects that are used, or aimed to use, as the instrument of committing the offense, shall fall outside of this article and paragraph (b) of article 20 and shall be dealt with in accordance with article 215 of this law. In any event that an order of confiscation of properties is issued, reasonable living costs of the convict and their dependents must be excluded from confiscation.

Article 20– If a legal person is held responsible under article 143 of this law, considering the severity of the crime and its harmful consequences, it shall be sentenced to one or two of the following, although this shall not prevent punishing the natural person:

(a)   Dissolution of the legal person

(b)   Confiscation of all properties

(c)    Ban from one or more social or professional activity (activities) permanently or for up to five years

(d)   Ban from public invitation to increase the capital for legal persons permanently or for up to five years

(e)    Ban from drawing some commercial bills for up to five years

(f)     Fine

(g)   Publication of the convicting judgment in the media

Note: The punishment provided in this article shall not be applied on governmental bodies or public or non-governmental entities that implement the state administration.

Article 21– The fine applicable on legal persons shall be from two times up to four times of the amount provided by law for committing the same price by natural persons.

Article 22– Dissolution of a legal person and confiscation of its properties shall be given when it has been established to commit a crime or if it has changed its direction exclusively towards committing crimes despite its initial lawful goals.

Chapter Two- Complementary and Consequential Punishments

Article 23– Considering the requirements provided in this law and proportionate to the committed crime and character of the offender, the court can sentence a person who has been sentenced to haddqisas, or ta’zir punishments from sixth to first degree, to one or more punishment(s) from the following complementary punishments:

(a)   Compulsory residence in a specified place

(b)   Ban from residing in (a) specified place(s)

(c)    Ban from holding a specified profession, career or job

(d)   Dismissal from governmental and public offices

(e)    Ban from driving or operating motor vehicles

(f)     Ban from having a checkbook or drawing commercial bills

(g)   Ban from carrying a gun

(h)   Ban from leaving the country for Iranian citizens

(i)     Deportation of foreign nationals

(j)     Providing public services

(k)   Ban from membership of political or social parties and groups

(l)   Seizure of the means for commission of the offense or the media or organization involved in commission of the offense

(m)   Compulsory learning of a specified profession, career, or job

(n)  Compulsory education

(o)  Publication of the final judgment

Note 1- The complementary punishment shall not exceed more than two years unless otherwise provided by law.

Note 2- If the complementary punishment and main punishment are of the same type, only the main punishment shall be given.

Note 3- The regulations of the conditions of execution of complementary punishments shall be prepared by the Minister of Justice and approved by the Head of Judiciary within six months after this law is enforceable.

Article 24– If the convict does not comply with the content of the judgment during the period of execution of the complementary punishment, the trial court, upon the proposal of the judge in charge of execution of judgments, shall increase the period of the complementary punishment up to one third in the first occasion, and if it is repeated, shall replace the remaining period with either imprisonment or fine of the seventh or eighth degree. In addition, after half of the period of the complementary punishment is passed, upon the proposal of the judge in charge of execution of the judgment and provided that there is confidence that the convict is corrected and will not repeat the crime, the court can remove or reduce the period of his complementary punishment.

Article 25– Final criminal conviction of intentional crimes after the sentence was executed or subjected to lapse of time, shall deprive the convict from social rights as a consequential punishment during the period provided in this article:

(a)   Seven years from the date the execution of the main punishment is stopped, in the case of sentences of deprivation of life and life imprisonments

(b)   Three years in the case of sentences of limb amputation, qisas of limb if the diya of the suffered injury exceeds half of the victim’s diya, banishment, and imprisonment of the fourth degree

(c)    Two years in the case of sentences of hadd flogging, qisas of limb if the diya of the suffered injury is half or less than half of the victim’s diya, and imprisonment of the fifth degree

Note 1- In cases other than those mentioned above, the conviction shall be recorded in the convict’s criminal record but shall not be reflected in the certificates issued by the relative authorities unless requested by judicial bodies in order to determine or review the sentence.

Note 2- In the case of forgivable crimes, if the execution of the sentence is discontinued because of forgiveness by the complainant or private claimant, the consequential effects shall be removed as well.

Note 3- In the case of pardon and conditional release, the consequential effects shall be removed after the passage of the abovementioned periods from the date of pardon or the end of conditional release. The convict shall be deprived from social rights during the period of conditional release as well as during the execution of the sentence.

Article 26– Social rights referred to in this law are:

(a)   Right to become a candidate in the elections for Presidency, Assembly of Experts of the Leadership, Islamic Consultative Assembly (Majlis), and City and Villages Councils

(b)   Membership in the Guardian Council and Expediency Discernment Council or the Cabinet and being appointed as the Deputy of the President

(c)    To become the Head of Judiciary, Public Prosecutor of the State, President of the Supreme Court, President of the Court of Administrative Justice

(d)   Membership in all societies, councils, parties, and associations either through public elections or by virtue of law

(e)    Membership in juries and boards of trustees and Reconciliation Councils

(f)     Holding an editorial or supervisory job in public media

(g)   To be employed in all state bodies, including the three branches of power and their dependent companies and institutes, Islamic Republic of Iran Broadcasting, armed forces and other organs under the supervision of the Leader, municipalities, public services institutes, and departments that their names should be stipulated in order to be included in the law

(h)   To become and function as an attorney at law and manager, and assistant, of a notary public and marriage and divorce registry offices

(i)     To be elected as a guardian, trustee, administrator, overseer, or operator of public endowments

(j)     To be elected as an arbitrator and expert in official bodies

(k)   To use state medals and medallions and honorary titles

(l)     To establish, manage, or membership, in the board of directors of governmental, cooperative, and private companies or to register a commercial name or an educational, research, cultural or scientific institute

Note 1- If servants of state departments have been deprived of social rights, whether as a main or complementary or consequential punishment, shall be suspended from the service for the period provided in the judgment or law, whichever is the case.

Note 2- Anyone who has been deprived of social rights as a consequential punishment, shall be rehabilitated after the lapse of the periods provided in article (25) of this law and the consequential effects shall be removed unless in the cases of paragraphs (a), (b), and (c) of this article in which cases the deprivation is permanent.

Chapter Three- Method of Determining and Executing the Punishments

Article 27– The period of imprisonment starts from the day on which the convict is imprisoned in accordance with a final and enforceable judgment. If the individual, due to charge(s) brought against him in the case, has been detained before the judgment was issued, the time he has spent in detention shall be calculated in the sentence. If the sentence given in the judgment is a ta’zir flogging or a fine, every day in detention shall be [calculated] as three lashes or three hundred thousand (300,000) Rials. If the punishment[s] are multiple, they shall be calculated in order, first the imprisonment, then the flogging and then the fine.

Article 28– All the amounts of money referred to in this law and other laws including fines, shall be modified every three years upon the proposal of the Minister of Justice and adoption of the Cabinet, according to the rate of inflation announced by the Central Bank; and it shall be enforceable on the judgments that will be issued afterwards.

Article 29– When a detention which is alternative to a fine is together with an imprisonment, such alternative detention shall be started from the date the imprisonment ends; it shall not exceed the maximum imprisonment provided for the same crime, and an alternative detention to a fine shall not exceed three years in any event.

Article 30– A ban from holding a specified profession, career or job shall require revocation of the license of the same profession, career or job, provided that the crime is committed as a result of [that] profession, career or job or if it has facilitated the commission of the crime.

Article 31– A ban from driving and operating motor vehicles shall require revocation of the driving license and ban from a new application.

Article 32– A ban from drawing checks shall require nullification of the blank checks of the checkbook and blocking of the current account and ban from new application for opening a current account.

Article 33– A ban from carrying a permitted gun shall require revocation of the permission of carrying a gun and also seizure of the gun.

Article 34– A ban from leaving the country for Iranian citizens shall require revocation of the passport and ban from a new application.

Article 35– Temporary or permanent deportation of condemned foreign nationals shall be carried out after the sentence is executed and in accordance with the court’s decision.

Article 36– Court judgments regarding the final conviction of hadd crimes of moharebeh and efsad-e fel-arz, or ta’zir crimes of up to the fourth degree, and also fraud of more than one billion (1,000,000,000) Rials, if not considered against the public order or security, shall be publicized once in a local newspaper.

Note- Publication of a judgment of a final conviction is mandatory in the following crimes in which the subject of the crime is valued at one billion (1,000,000,000) Rials or more; and it shall be publicized in the national broadcasting or one of the widely circulated newspapers:

(a)   Paying and receiving a bribe

(b)   Embezzlement

(c)    Unlawful and undue influence in cases where the offender or a third party has gained property from the offense

(d)   Intervention of Ministers and Members of Parliament and civil servants in governmental and state contracts

(e)    Conspiracy in governmental contracts

(f)     Receiving commission/percentage for foreign contracts

(g)   Infringements of civil servants against the government

(h)   Customs offenses

(i)     Trafficking of goods and foreign exchanges

(j)     Tax offenses

(k)   Money laundering

(l)     Disruption of economic order of the country

(m)     Unlawful possession of public or state properties

Chapter Four- Mitigation of, and exemption from, Punishment

Article 37– If there is one, or more, mitigating factor(s), the court may mitigate or replace the ta’zir punishment as explained below in a way which is in the interest of the accused:

(a)   Reducing the imprisonment period from one to three degree(s)

(b)   Replacing the confiscation of properties with a fine of the first to fourth degree

(c)    Replacing the permanent dismissal to temporary suspension from five to fifteen years

(d)   Reducing one or two degrees of the same or other types of punishments for other ta’zir punishments

Article 38– Mitigating factors are:

(a)   Forgiveness by complainant or private claimant

(b)   Effective cooperation of the accused in recognition of accomplices and accessories to the offense and in finding the proceeds of the offense or discovering the properties and goods resulted from, or the means used in commission of, the offense

(c)    Specific circumstances under the influence of which the accused has committed the offense; such as: inflammatory conduct or talk of the victim or honorable motive for committing the offense

(d)   Statement of the accused prior to prosecution, or his/her effective confession during investigation and prosecution

(e)    Regret, good reputation or specific condition of the accused such as his/her age or illness

(f)     Efforts by the accused in order to reduce the effects of the offense and his/her measures to compensate the loss resulting from it

(g)   When the loss imposed to the victim of the offense or the consequences of the offense are slight

(h)   Slight contribution of accomplice or accessory to the offense in commission of the offense

Note 1 -The court must stipulate the mitigating factors in its judgment.

Note 2 -If the same mitigating factors as mentioned in this article are provided in specific articles, the court may not mitigate the punishment again for the same mitigating factors.

Article 39– In ta’zir crimes of the seventh and eighth degree, when mitigating factors are recognized, if the court finds the accused guilty but believes that the offender will be corrected even without execution of the punishment, provided that s/he has no effective criminal record and the complainant has forgiven the offender and the losses are already compensated or appropriate measures are taken to compensate the loss, the court may decide to exempt the offender from punishment.

Chapter Five- Postponement of Deliverance of Judgment

Article 40– In ta’zir offenses of the sixth to eighth degree, after the accused is found guilty, the court, subject to the following conditions and considering his/her personal, family, and social conditions and backgrounds and the circumstances that resulted in commission of the offense, may postpone the deliverance of the judgment from six to two years:

(a)   Existence of mitigating factors

(b)   Foreseeable correction of the offender

(c)    Compensation of, or taking appropriate measures to compensate, the loss

(d)   Lack of effective criminal record

Note- An effective conviction is a conviction that deprives the convict from social rights following the execution of the sentence in accordance with article 25 of this law.

Article 41– Postponement [of deliverance of the judgment] has two forms: simple and supervised.

(a)   In simple postponement, the offender shall promise in writing that in the period determined by the court, s/he will not commit any crime, and it is believed from his/her behavior that s/he will not commit any crime in the future too.

(b)   In supervised postponement, in addition to the conditions mentioned for simple postponement, the offender promises to comply with and execute the orders and measures set by the court during the period of postponement.

Note 1- The court cannot issue the warrant of postponement of deliverance of judgment in absentia.

Note 2- If the accused is in custody, the court, after issuing the warrant of postponement of deliverance of judgment, shall immediately order his/her release. In such cases the court can obtain an appropriate guarantee. In any event, however, obtaining the guarantee shall not result in detention of the offender.

Article 42– In supervised postponement the following measures shall be taken:

(a)   On-time attendance at the time and place determined by the judicial authority or the supervisory social worker.

(b)   Providing the required information and documents in order to facilitate the supervision of the social worker over the compliance of the convict with his/her obligations

(c)    Declaring any change of job, residence, or relocation within fifteen days and providing the report to the social worker

(d)   Application to the judicial authority for permission for travelling abroad

Note- The abovementioned measures can be accompanied by the court with some supportive measures such as referral of the offender to support organizations.

Article 43– In supervised postponement, the court, while considering the offense committed and characteristics of the offender and conditions of his/her life, can require the offender to carry out one or more of the following orders during the period of postponement, provided that this will not significantly and hugely disrupt his/her own, and his/her family’s, life:

(a)   Learning or holding a specific profession or job

(b)   Residence or non-residence in a specific place

(c)    Treatment of an illness or rehabilitation of an addiction

(d)   Payment of nafaqa (allowance) to those required by law

(e)    Refraining from operating all or some motor vehicles

(f)    Refraining from professional activity relating to the offense committed or using the means of the offense

(g)   Refraining from contacting and associating with accomplices and accessories to the offense or other people such as the victim of the offense at the discretion of the court

(h)   Attending (a) special program(s) for training and learning basic skills for life or participating in training, ethical, religious, educational or sport classes

Article 44– If the offender commits a hadd or qisas crime or intentional crimes punishable by diya or ta’zir of up to the seventh degree during the period of postponement, then the court shall cancel the warrant of postponement and deliver the judgment of conviction. In the case of non-compliance with the court orders, the court, for one time, can either add to the period of postponement up to half of the time determined in the warrant, or deliver the judgment of conviction.

Note- When the warrant of postponement is canceled and judgment of conviction delivered, then it is forbidden to issue a writ of suspension of execution of punishment.

Article 45– After the period of postponement ends, considering the level of the offender’s compliance with the court orders, reports of the social worker and taking into account the conditions of the offender, the court shall either sentence or exempt the offender from punishment.

Chapter Six- Suspension of Execution of Punishment

Article 46– In ta’zir crimes of the third to eighth degree, the court can suspend execution of all or part of the punishment from one to five years, subject to the [same] requirements provided for postponement of deliverance of judgment. Also, the public prosecutor or judge in charge of execution of criminal judgments, after execution of one third of the punishment, can ask the court to suspend [execution of the punishment]. Also, the convict, after spending one third of the punishment, subject to legal requirements, can request suspension through the Public Prosecutor or Prosecutor in charge of execution of criminal judgments.

Article 47– Deliverance of judgment and execution of punishment shall not be postponed or suspended in the following offenses and attempts to commit them:

(a)   Offenses against the domestic and foreign security of the country, destruction of water, electricity, gas, oil, and telecommunication facilities.

(b)   Organized crimes, armed robbery or robbery that involves assault, abduction, and acid attack

(c)    Flaunting strength and disturbing people by resorting to knives or any other weapon, offenses against public chastity, the establishment or management of places for corruption and prostitution

(d)   Large-scale smuggling of narcotic or psychedelic drugs, alcoholic beverages, guns and ammunition, and human trafficking

(e)    Ta’zir punishments alternative to qisas of life, accessory to murder, moharebeh and efsad-e fel-arz

(f)    Economic offenses if the subject of the crime is valued over one hundred million (1,000,000) Rials

Article 48– Suspension of execution of judgment, subject to the [same] provisions provided for postponement of deliverance of judgment, can take two forms: simple and supervised.

Article 49– Writ of suspension of execution of punishment shall be issued by the court within the judgment of conviction or after that. Anyone, whose execution of punishment has been wholly suspended, if s/he is in custody, shall be released immediately.

Article 50– If a convict whose punishment has been suspended, without a reasonable excuse does not comply with the court orders during the period of suspension, the court of the final judgment, upon the proposal of the public prosecutor or the judge in charge of execution of judgments, can add one to two years to the period of suspension or cancel the writ of suspension for the first time. Non-compliance with the court orders for the second time shall result in cancellation of the writ of suspension and execution of the punishment.

Article 51– Suspension of execution of punishment shall have no effect on the rights of the private claimant and the decision requiring payment of damages or diya shall be executed in such cases.

Article 52– If the convict does not commit any intentional offense punishable by haddqisasdiya, or ta’zir of up to the seventh degree, then the suspended punishment shall be ineffective.

Article 53– If part of the punishment, or one of the punishments, given in the judgment is suspended, the period of suspension shall begin from the date the execution of the un-suspended punishment ends.

Note- In cases where, according to administrative and employment laws, a criminal record results in dismissal, in the case of suspension, a suspended conviction shall not result in dismissal, unless [otherwise] stipulated in the law or if the writ of suspension is cancelled.

Article 54– When the convict commits any of the intentional offenses punishable by haddqisasdiya, or ta’zir of up to the seventh degree during the period from issuance of the warrant to the end of the period of suspension, after the recent judgment becomes final the court shall cancel the writ of suspension and issue an order of execution of the suspended conviction and also inform the court that had issued the warrant of suspension. While issuing the warrant of suspension, the court shall explicitly declare to the convict that if s/he commits any of the abovementioned offenses during the suspension period, in addition to the punishment of the recent offense, the suspended punishment, too, will be executed on him.

Article 55– If, after issuing the warrant of suspension, the court finds out that the convict had an effective criminal record or other final convictions among which there had been a suspended conviction, and the punishment has been suspended without taking it into account, then the court shall cancel the warrant of suspension. Also if the public prosecutor, or the judge in charge of execution of judgments, becomes aware of the abovementioned cases, they are obliged to ask the court to cancel the suspension of the punishment. This article shall also apply to cases of postponement of deliverance of judgment.

Chapter Seven- Regime of ‘Half-release’ [open prison]

Article 56– The regime of half-release [open prison] is a method according to which the convict can pursue his/her professional and educational activities, training, treatment, and the like outside of prison while serving the imprisonment sentence. These activities shall be supervised by the Centers of Half-release which shall be established in the Organization of Prisons and Security and Correctional Measures.

Article 57– In ta’zir imprisonments of the fifth to seventh degree, subject to forgiveness of the complainant and pledging an appropriate guarantee and promising to pursue a vocational, professional, or educational activity or contributing in continuity of the family life, or treating an addiction or illness which are effective in the process of rehabilitation [of the convict] or compensation of the victim, the court of final judgment can put the convict, with his/her consent, under the regime of half-release. Additionally, the convict can request the order of half-release while serving his sentence, provided that s/he meets the legal requirements and the court is obliged to consider the request.

Chapter Eight- Regime of Conditional Release

Article 58– In cases of convictions to ta’zir imprisonment, upon the proposal of the public prosecutor or the judge in charge of execution of judgments, and subject to the following conditions, the deciding court can issue the order of conditional release for convicts sentenced to more than ten years’ imprisonment after half of the sentence is served, and in other cases after one-third of the sentence is served:

(a)   The convict constantly shows good behavior whilst serving his/her sentence.

(b)   From the conditions and behaviors of the convict, it is predicted that s/he will not commit any offense after being released.

(c)    The court can confirm that the convict has compensated, or has arranged to be paid, the loss or damage contained in the judgment or agreed upon by the private claimant.

(d)   The convict has not previously used conditional release.

Lapse of the abovementioned periods as well the conditions mentioned in paragraphs (a) and (b) of this article, after being reported by the warden of the prison shall be approved by the judge in charge of execution of judgments. The judge in charge of execution of judgments is obliged to consider the prescribed periods as well as condition of the prisoner and checks whether the requirements are met, in which case he must submit the proposal for conditional release to the court.

Article 59– The period of conditional release shall be the same as the remaining duration of the sentence; however, the court can change its duration. In any event it cannot be less than one year and more than five years; unless, where the remaining sentence is less than one year, in which case the period of the conditional release shall be the same as the remaining duration of the sentence.

Article 60– Considering the circumstances in which the crime has been committed and the convict’s psychological conditions and character, the court can require the convict to comply with the [same] orders provided in the [chapter of] postponement of deliverance of judgment during the conditional release term. The court, in its judgment, shall state and inform the convict about the said requirements and the consequences of non-compliance with them and also the consequences of committing a new offense.

Article 61– If the convict, without a reasonable excuse, does not comply with the orders of the court during the conditional release term, for the first occasion one to two years shall be added to the conditional release term. If [non compliance with orders] is repeated or in the case of commission of an intentional offense punishable by haddqisasdiya, or ta’zir of up to the seventh degree, then, in addition to the punishment for the new crime, the remaining duration of the [original] sentence shall be executed; otherwise, his/her release shall become unconditional.

Article 62– In ta’zir offenses of the fifth to eighth degree, subject to the [same] conditions provided for supervised postponement [of deliverance of judgment], the court, with the convict’s consent, can put the convict under the supervision of electronic systems inside a specific area.

Note- If required, the court can put the convict subject to supervised orders or the orders provided for supervised postponement [of deliverance of judgment].

Article 63– The relevant executive regulation on the regimes of half-release and conditional release shall be prepared by the Organization of Prisons and Security and Correctional Measures and adopted by the Head of Judiciary within six months from when this law comes into force.

Chapter Nine- Substitute Punishments for Imprisonment

Article 64– Substitute punishments for imprisonment include: supervised period, unpaid public service, fine, daily fine, and deprivation of social rights, which shall be given subject to forgiveness of the complainant and existence of mitigating factors and taking into account the type of the offense and the circumstances in which the crime was committed and its consequences, and the convict’s age, skills, conditions, character and records, and also conditions of the victim and other circumstances and conditions.

Note- The court, in its judgment, shall stipulate the compatibility and proportionality of the given sentence with the requirements and conditions provided in this article. The court cannot give more than two of the substitute punishments.

Article 65– Perpetrators of intentional offenses, whose punishments as prescribed by the law range from ninety-one days to six months’ imprisonment, shall be sentenced to substitute punishments instead of imprisonment; unless they have a criminal record in the five years prior as explained below:

(a)   More than one account of final conviction to up to six months’ imprisonment or a fine of more than ten million (10,000,000) Rials or a ta’zir flogging

(b)   One account of final conviction to more than six months’ imprisonment or a hadd or qisas punishment or payment of more than one fifth of [a full] diya

Article 67– The court can sentence offenders of intentional offenses whose punishment as prescribed by the law is from six months to one year’s imprisonment, to substitute punishments; [however] if the conditions of article 66 of this law exist then giving substitute punishments for imprisonment shall be prohibited.

Article 68– Offenders of unintentional offenses must be sentenced to substitute punishments for imprisonment; unless, the punishment provided in law for the crime committed is more than two years’ imprisonment, in which case it is at the discretion [of the court] to give a substitute punishment for imprisonment.

Article 69– Offenders of the offenses that the type or amount of their ta’zir punishment is not specified in statutory laws shall be sentenced to substitute punishments for imprisonment.

Article 70– The court, when determining the substitute punishment for the imprisonment, shall determine the term of imprisonment as well, in order to be executed in case the substitute punishment becomes impossible to execute or if [the offender] does not comply with the court orders or is unable to pay the fine.

Article 71– Application of substitute punishments of imprisonment is prohibited for crimes against the domestic or foreign security of the country.

Article 72– Multiplicity of intentional offenses for which punishment of at least one of them as prescribed by the law is more than six months’ imprisonment shall prevent giving a substitute punishment for imprisonment.

Article 73– In the case of intentional offenses, for which punishment as prescribed by the law is more than one year’s imprisonment, if the punishment is mitigated to less than one year, the court cannot give a substitute punishment for the imprisonment.

Article 74– The provisions of this chapter shall not be applicable on final judgments that are delivered before this law comes into force.

Article 75– The fact that an imprisonment sentence is accompanied by other punishments, shall not prevent a substitute punishment for imprisonment from being given. In such cases the court can sentence [the offender] to the aforementioned punishments along with the substitute punishment for imprisonment.

Article 76– The deciding factor on jurisdiction of the court and appeal against the judgment of conviction to a substitute punishment for imprisonment shall be the [original] punishment as prescribed by law.

Article 77– Considering the condition of the convict and circumstances and consequences of execution of the judgment, the judge in charge of execution of judgments can propose aggravation, mitigation, alteration, or temporary suspension of the punishment given to the issuing court. The abovementioned judge shall be assisted by a sufficient number of social workers and supervising officers.

Article 78– The convict, during the term of his/her conviction shall report any changes such as change of job and place of residence which may disrupt execution of the judgment to the judge in charge of execution of judgments.

Article 79– The types of public services and the governmental and public organizations and departments that can receive [such services from] convicts and the process of their cooperation with the judge in charge of execution of judgments and the convict, shall be determined in accordance with the regulations that shall be prepared by the Ministries of Interior Affairs and Justice within three months after this law comes into force, and after approval by the Head of Judiciary, are then adopted by the Cabinet. Provision of this chapter shall be enforceable after the regulations referred to in this article are adopted.

Article 80– If the convict’s compliance with the judgment shows his/her correction, the court, upon the proposal of the judge in charge of execution of judgments, [only] for one time, can reduce the rest of the sentence up to a half.

Article 81– If the convict infringes the judgment or court orders, upon the proposal of the judge in charge of execution of judgments and decision of the court, on the first occasion from one-quarter to a half shall be added to the sentence given, and if repeated, the imprisonment sentence shall be executed.

Note- The court, in its judgment, shall explicitly stipulate and inform the convict about the consequences of compliance and infringement of the judgment. In addition, the judge in charge of execution of judgments, while the sentence is being executed, and subject to the content of the judgment and relevant provisions, shall determine the method of supervision and control of the victim.

Article 82– If execution of substitute punishments for imprisonment, wholly or partly, becomes problematic, the sentence given, or the un-executed part of it, shall be executed after the obstacle is removed. If the obstacle is caused by a deliberate behavior of the convict in order to stop the execution of the sentence, then the original sentence shall be executed.

Article 83– The supervised period is a period during which the convict shall be ordered, according to the judgment of the court and under supervision of the judge in charge of execution of judgments, to carry out one or more of the [same] orders provided [earlier] for supervised suspension as explained below:

(a)   In the case of offenses which their punishment prescribed by law  is maximum three months’ imprisonment, up to six months

(b)   In the case of offenses which their punishment prescribed by law  is from ninety one days to six months’ imprisonment as well as offenses that the type or amount of their ta’zir punishment is not specified in statutory laws, from six months to one year

(c)    In the case of offenses which their punishment prescribed by law is from six months to one year’s [imprisonment], from one to two years

(d)   In the case of unintentional offenses which their punishment prescribed by law  is more than one year’s [imprisonment], from two to four years

Article 84– Unpaid public services are those services that, with the consent of the convict, shall be given in the judgment as explained below and shall be executed under the supervision of the judge in charge of execution of judgments:

(a)   Offenses mentioned in paragraph (a) of article 83, up to two hundred and seventy hours

(b)   Offenses mentioned in paragraph (b) of article 83, from two hundred and seventy to five hundred and forty hours

(c)    Offenses mentioned in paragraph (c) of article 83, from five hundred and forty to one thousand and eighty hours

(d)   Offenses mentioned in paragraph (d) of article 83, from one thousand and eighty to two thousand and one hundred and sixty hours

Note 1- Hours of providing public services shall not exceed four hours a day for employed people and eight hours a day for unemployed people. In any event, providing the services during the day time shall not disrupt the convict from earning a reasonable living.

Note 2- The order of providing public services shall be subject to all legal regulations and provisions relating to the same service including the conditions for the work of women and young people, safety and hygiene standards, and regulations for hard and harmful jobs.

Note 3- The court cannot order more than one public service provided in the regulations referred to in this chapter. In any event, in the case that the convict does not consent to provide public services, the original sentence shall be given.

Note 4- Considering the physical condition and needs of medical services or family-related excuses and the like, the judge in charge of execution of judgments can temporarily suspend the public services up to three months within the period or propose to the issuing court to replace it with another substitute punishment.

Article 85– Daily fine is defined as one-eighth to one-quarter of the daily income of the convict which shall be given as explained below and shall be received under the supervision of [the judge in charge of] the execution of judgments:

(a)   Offenses mentioned in paragraph (a) of article 83, up to one hundred and eighty days

(b)   Offenses mentioned in paragraph (b) of article 83, from one hundred and eighty to three hundred and sixty days

(c)    Offenses mentioned in paragraph (c) of article 83, from three hundred and sixty days to seven hundred and twenty days

(d)   Offenses mentioned in paragraph (d) of article 83, from seven hundred and twenty days to one thousand and four hundred and forty days

Note- The convict is obliged to pay the daily fines of each month within ten days after the end of the month.

Article 86– The amount of fine substitute to imprisonment is as follows:

(a)   Offenses mentioned in paragraph (a) of article 83, up to nine million (9,000,000) Rials

(b)   Offenses mentioned in paragraph (b) of article 83, from nine million (9,000,000) Rials to eighteen million (18,000,000) Rials

(c)    Offenses mentioned in paragraph (c) of article 83, from eighteen million (18,000,000) Rials to thirty-six million (36,000,000) Rials

(d)   Offenses mentioned in paragraph (d) of article 83, from thirty-six million (36,000,000) Rials to seventy-two million (72,000,000) Rials

Article 87– The court while giving a substitute punishment for the imprisonment can sentence the convict to one or more of the consequential or supplementary punishments taking into account the offense committed and condition of the convict. In this case, such sentences shall not exceed two years.

Chapter Ten- Punishment and Security and Correctional Measures for Children and Young People

Article 88– The court shall make one of the following decisions, whichever is more appropriate, about the children and young people who have committed ta’zir offenses whose age at the time of commission is between nine to fifteen years according to the solar calendar:

(a)   Handing over to parents or natural or legal guardians while taking promises to correct and educate the child or youth and taking care of their good behavior

Note- When the court finds it in the best interest [of the child], it can take promises from the persons mentioned in this paragraph to take measures such as the following and report the result to the court in a specified time:

1-      Referral of the child or youth to a social worker or psychologist or other specialists and cooperation with them

2-      Sending the child or youth to an educational and cultural institute in order to study or learn a skill

3-      Required measures in order to treat or rehabilitate the addiction of the child or youth under the supervision of a doctor

4-      Banning the child or youth from the harmful association with and contacting [specific] people at the discretion of the court

5-      Banning the child or youth from going to specific places

(b)   Handing over to other natural or legal persons that the court finds to be in the best interest of the child or youth by ordering the measures mentioned in paragraph (a) where, considering article 1173 of the Civil Code, the parents or natural or legal guardians of the child or youth or not competent or available

Note- Handing the child to competent people is subject to their acceptance.

(c)    Advising [the child or youth] by the judge

(d)   Cautioning and warning or taking a written promise not to commit an offense again

(e)    Detention in the Correction and Rehabilitation Center from three months to one year in the case of ta’zir offenses of the first to fifth degree

Note 1- Decisions mentioned in paragraphs (d) and (e) shall only be applicable on a child or youth between twelve and fifteen years. In the case of commission of ta’zir crimes of the first to fifth degree, application of provisions of paragraph (e) shall be mandatory.

Note 2- If a child who has not become mature commits any of offenses punishable by hadd or qisas, if s/he is from twelve to fifteen years of age, s/he shall be sentenced to one of the measures provided in paragraphs (d) or (e); otherwise, one of the measures provided in paragraphs (a) to (c) of this article shall be applicable.

Note 3- In respect of the measures mentioned in paragraphs (a) and (b) of this article, the Children and Youth Court, taking into account the investigations made and also the reports of social workers about the condition of the child or youth and his/her behavior, can review its decision as many times as the best interest of the child or youth requires.

Article 89– The following punishments shall be given to young people who commit ta’zir crimes and they are between fifteen to eighteen years of age at the time of commission of the crime:

(a)   Detention in Correction and Rehabilitation Center from two to five years in the case of offenses punishable in law by a ta’zir punishment of the first to third degree.

(b)   Detention in Correction and Rehabilitation Center from one to three years in the case of offenses punishable in law by a ta’zir punishment of the fourth degree.

(c)    Detention in Correction and Rehabilitation Center from three months to one year or a fine of ten million (10,000,000) Rials to forty million (40,000,000) Rials or providing one hundred and eighty to seven hundred and twenty hours of unpaid public services in the case of offenses punishable in law by a ta’zir punishment of the fifth degree.

(d)   A fine of one million (1,000,000) Rials to ten million (10,000,000) Rials or providing sixty to one hundred and eighty hours of unpaid public services in the case of offenses punishable in law by a ta’zir punishment of the sixth degree.

(e)    A fine of up to one million (1,000,000) Rials in the case of offenses punishable in law by a ta’zir punishment of the seventh and eighth degree.

Note 1- Hours of providing public services shall not exceed four hours a day.

Note 2- Considering the accused person’s condition and the crime committed, the court, at its discretion, instead of sentencing him/her to detention or a fine prescribed in paragraphs (a) to (c) of this article, can order the offender to stay at home in specific hours determined by the court or detention in the Correction and Rehabilitation Center in the weekend for three months to five years.

Article 90– The court can review its decision for once according to the reports received about the condition of the child or youth and his/her behavior in Correction and Rehabilitation Center and may reduce the detention term up to one-third or replace the detention with handing over the child or youth to his/her natural or legal guardians. The court’s decision to review [the original decision] shall be made if the child or youth has spent at least one-fifth of the detention term in Correction and Rehabilitation Center. The court’s decision in these cases is deemed final; [however] this shall not prevent [him/her] enjoying conditional release and other mitigations prescribed in the law, when their requirements are met.

Article 91– In the cases of offenses punishable by hadd or qisas, if mature people under eighteen years do not realize the nature of the crime committed or its prohibition, or of there is uncertainty about their full mental development, according to their age, they shall be sentenced to the punishments prescribed in this chapter.

Note- The court may ask the opinion of forensic medicine or resort to any other method that it sees appropriate in order to establish the full mental development.

Article 92– In the case of offenses punishable by diya any payment of other types of financial damages, the Children and Young People Court shall make decisions according to the provision relating to diya and damages.

Article 93– If it recognizes mitigating factors, the court can reduce the punishments up to half of the minimum punishment provided and replace security and correctional measures for children and young people with another measure.

Article 94– In the case of all ta’zir crimes committed by young people, the court can postpone the deliverance of the judgment or suspend the execution of the punishment.

Article 95– Criminal convictions of children and young offenders shall have no effect in criminal records.

 

Chapter Eleven- Cessation of Punishment

Section One- Pardon

Article 96– Pardon or mitigation of punishment of convicts, in accordance with Islamic principles, is upon the proposal of the Head of Judiciary and approval of the Leader.

Article 97– General pardon, which is given in accordance with the law in the cases of ta’zir crimes, shall cease prosecution and trial. If the judgment of conviction is delivered, execution of punishment shall be ceased and the criminal records shall be cleared.

Article 98– Pardon shall remove all the effects of the conviction however it has no effect on payment of diya and compensation of damages of to the victim.

Section Two- Repeal of the law

Article 99– Repeal of the law shall cease prosecution and execution of punishment. Effects of repeal of criminal laws are as explained in article 10 of this law.

Section Three- Forgiveness by complainant

Article 100– In forgivable ta’zir offenses, forgiveness by the complainant or private claimant shall result in cease of prosecution or cease of execution, whichever is applicable.

Note 1- Forgivable offenses are offenses for which the start and continuity of prosecution and trial and execution of the punishment is subject to making a complaint by the complainant and non-forgiveness by him/her.

Note 2- Non-forgivable offenses are offenses in which the complaint by the complainant and his/her forgiveness has no effect in the start of prosecution and trial and their continuity and execution of the punishment.

Note 3- Provisions relating to forgiveness by the complainant in the cases of qisas of life and limb, hadd punishment of qazf, and hadd punishment of theft, are the same as prescribed in Books Two (Hudud) and Three (Qisas) of this law. Forgiveness of the complainant in other hadd offenses has no effect in cessation or mitigation of the punishment.

Article 101– Forgiveness must be incontrovertible, and a conditional and suspended forgiveness shall not be considered unless the condition or the subject of suspension is materialized. Furthermore, repudiation from the forgiveness is not allowed.

Note 1- A conditional and suspended forgiveness shall not prevent the prosecution, trial and delivering the decision; however, execution of the punishment in the case of forgivable offenses shall be subject to non-materialization of the condition or subject to suspension. In this case, the accused shall be released on an appropriate warrant.

Note 2- Forgiveness by an occasional guardian shall be approved by the public prosecutor.

Article 102– If there are multiple victims of an offense, the criminal prosecution shall commence upon complaint of each one of them; but, cessation of prosecution, trial and execution of punishment is subject to forgiveness of all complainants.

Note- The right to forgiveness is inherited by the heirs of the victims of the offense. In case of forgiveness by all heirs, the prosecution, trial and execution of punishment, whichever is applicable, shall be ceased.

Article 103– If an offense is not expressly stated in the law as forgivable, it shall be deemed as unforgiveable; unless it is categorized as haq-ul-naas (claim of people) and is forgivable under Shari’a.

Article 104– In addition to ta’zir offenses mentioned in the Book of Diyat and Chapter of Qazf of this law, and the offenses that are specified as forgivable under specific laws, the crimes mentioned in the latter parts of articles 596, 608, 622, 632, 642, 648, 668, 669, 676, 677, 679, 682, 684, 685, 690, 692, 694, 697, 698, 699, and 700 of the Fifth Book of “Ta’zirat” shall be deemed as forgivable.

Section Four- Lapse of time

Article 105– Lapse of time shall cease prosecution of the following ta’zir offenses only if the prosecution has not been commenced from the date of the commission of the offense until the following fixed times, or if since the last prosecutorial or investigative action until the following fixed times, it has not resulted in deliverance of the final judgment:

(a)   Ta’zir offenses of the first to three degree, after a lapse of fifteen years

(b)   Ta’zir offenses of the fourth degree, after a lapse of ten years

(c)    Ta’zir offenses of the fifth degree, after a lapse of seven years

(d)   Ta’zir offenses of the sixth degree, after a lapse of five years

(e)    Ta’zir offenses of the seventh and eighth degrees, after a lapse of three years

Note 1- A prosecutorial or investigatory action is an action taken by judicial authorities in performing a legal duty such as summoning, arresting, interrogating, hearing testimonies of witnesses and those with information [about the offense], local investigating or examining the place and judicial authorization.

Note 2- In the case of issuing a warrant of dependence, the lapse of time shall be commenced from the date on which the decision the prosecution depends on becomes final.

Article 106– In the case of forgivable ta’zir offenses, if the victim of the offense does not make a complaint after one year from the date s/he has become aware of the offense, his/her right to make a criminal complaint shall be ended unless s/he has been under domination of the accused or if for any reason out of his/her control has not been able to make the complaint, in which case the abovementioned time shall be calculated from the date that the obstacle is removed. If the victim of the offense dies before the end of the abovementioned time and there is no evidence that s/he has decided not to make a complaint, then any of his/her heirs has the right to make a complaint within six months after his/her death.

Note- In cases other than when the complainant has been under domination of the accused, the complainant’s, or his/her heirs’, complaint shall be dealt with only if the offense in question has not been subject to the lapse of time prescribed in article 105 of this law.

Article 107– Lapse of time shall cease the execution of final ta’zir sentences, and it shall be commenced from the date the judgment of conviction becomes final as described below:

(a)   Ta’zir offenses of the first to three degree, after a lapse of twenty years

(b)   Ta’zir offenses of the fourth degree, after a lapse of fifteen years

(c)    Ta’zir offenses of the fifth degree, after a lapse of ten years

(d)   Ta’zir offenses of the sixth degree, after a lapse of seven years

(e)    Ta’zir offenses of the seventh and eighth degrees, after a lapse of five years

Note 1- If execution of the whole or the rest of the sentence is halted for a limited time or subject to removal of an obstacle, the lapse of time shall be calculated from the specific time or removal of the obstacle.

Note 2- Lapse of time for execution of foreign judgments in relation to Iranian citizens shall be dealt with under this law subject to legal provisions and agreements.

Article 108– Where the execution of a sentence is started but stopped for whatever reason, the lapse of time shall be commenced from the time the execution is stopped; and in cases where [the execution] is stopped for more than one time, the lapse of time shall be commenced from the last time the execution is stopped, unless the execution is stopped due to intentional conduct of the convict in which case the lapse of time shall not be applied.

Article 109– The lapse of time shall not applicable in relation to prosecution, deliverance of the judgment and execution of the sentence for the following offenses:

(a)   Crimes against the domestic and foreign security of the country

(b)   Economic offenses including fraud and the crimes mentioned in the note of article 36 of this law with consideration to the amount prescribed in that article

(c)    Offenses prescribed in the Anti-Narcotics Law

Article 110– Where according to one or more judgments, there are multiple final sentences delivered against a single individual, if execution of one of the sentences is started it shall discontinue the lapse of time for the other sentences.

Article 111– In the cases of suspension of a sentence or when a conditional release is granted, if the writ of suspension or the decision of conditional release is cancelled then the lapse of time shall begin from the date the writ or decision is cancelled.

Article 112– Discontinuation of the lapse of time is absolute and shall apply to all accomplices and accessories to the crime whether or not they are prosecuted, and even if the prosecution is commenced against only one of them. In addition, if execution of the sentence is started against some of the accomplices and accessories to the crime it shall discontinue the lapse of time for the other convicts.

Article 113– Cessation of the prosecution, deliverance of the judgment, or execution of the sentence shall not prevent the recovery of the rights of the private claimant; and the victim of the crime can make a private claim before the competent [judicial] body.

Section Five- Repentance of the offender

Article 114– In the case of offenses punishable by hadd, with the exception of qazf and moharebeh, if the accused repents anytime before the commission of the offense is proved, and his/her regret and correction is certain in the eyes of the judge, the hadd punishment shall not be given. In addition, if the abovementioned offenses, except for qazf, are proved by confession, if the offender repents, even after the commission of the offense is proved, the court, through the Head of Judiciary, can apply for pardon of the offender by the Leader.

Note 1- If a mohareb repents before s/he is arrested or held under control, the hadd punishment shall not be given.

Note 2- In the cases of zina and livat, when the offense is committed by force or coercion or deception of the victim, if the offender repents and the [hadd] punishment is not given according to this article, s/he shall be sentenced to ta’zir imprisonment or flogging, or both, of the sixth degree.

Article 115– In the case of ta’zir offenses of the sixth, seventh, or eighth degree, if the offender repents and his/her regret and correction is certain in the eyes of the judge, the punishment shall not be given. In other ta’zir offenses, [if the offender repents], the court can apply the provisions relating to mitigation of the punishment.

Note 1- The provisions relating to repentance shall not be applied on individuals to whom the provisions of re-offending of ta’zir offenses are applicable.

Note 2- Provisions of this article, as well as paragraph (b) of article 7 and paragraphs (a) and (b) of article 8, and also articles 28, 39, 40, 45, 46, 92, 93, and 105 of this law shall not be applicable on ta’zir offenses prescribed in Shari’a.

Article 116– Diyaqisas, and the hadd punishments of qazf and moharebeh shall not be removed by repentance.

Article 117– In cases where the repentance of the accused removes or reduces the punishment, his/her repentance and correction and regret must be established and the mere assertion of the offender shall not suffice. If after the provisions regarding repentance are applied, it is proved that the offender has pretended that s/he has repented, the removal and mitigation of the punishment given shall be annulled and the sentence shall be executed. In this case, if the sentence is a ta’zir punishment, the offender shall be sentenced to the maximum ta’zir punishment provided.

Article 118– Before the judgment becomes final, the accused can submit the evidence of his/her repentance to the body responsible for prosecution or trial, whichever is applicable.

Article 119– If the public prosecutor disagrees with the removal or mitigation of the punishment, he can protest to the responsible body for the appeal.

Section Six- Application of principle of Dar’a

Article 120– If there is any doubt or hesitation about commission of a crime or any of its elements or any of the requirements for criminal liability and no evidence is found to remove that, the offense or the requirement in question, whichever is applicable, shall not be proved.

Article 121– In the case of crimes punishable by hadd, with the exception of moharebehefsad-e-fel-arz, theft, and qazf, with a mere doubt or hesitation and without any need for further evidence, the offense or the requirement in question, whichever is applicable, shall not be proved.

Part Three- Offenses

 

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 hududqisas, 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 zinalivattafkhiz, 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:

(a)   Puberty

(b)   Reason

(c)    Faith

(d)   Justice

(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, qisasdiya, 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 zinalivattafkhiz, 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, qisasdiyaarsh (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 haddqisas, 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 moharebehefsad-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 livattafkhiz, 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)

(b)   Crucifixion

(c)    Amputation of right hand and left foot

(d)   Banishment

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.

 

The Constitution of The Islamic Republic of Iran (Approved on 1979, Amended on 1989)

The Constitution of Islamic Republic of Iran (Approved on 1979, Amended on 1989)

Table of Contents

General Text

Preamble

The Constitution of the Islamic Republic of Iran advances the cultural, social, political, and economic institutions of Iranian society based on Islamic principles and norms, which represent an honest aspiration of the Islamic Ummah. This aspiration was exemplified by the nature of the great Islamic Revolution of Iran, and by the course of the Muslim people’s struggle, from its beginning until victory, as reflected in the decisive and forceful calls raised by all segments of the populations. Now, at the threshold of this great victory, our nation, with all its beings, seeks its fulfillment.

The basic characteristic of this revolution, which distinguishes it from other movements that have taken place in Iran during the past hundred years, is its ideological and Islamic nature. After experiencing the anti-despotic constitutional movement and the anti-colonialist movement centered on the nationalization of the oil industry, the Muslim people of Iran learned from this costly experience that the obvious and fundamental reason for the failure of those movements was their lack of an ideological basis. Although the Islamic line of thought and the direction provided by militant religious leaders played an essential role in the recent movements, nonetheless, the struggles waged in the course of those movements quickly fell into stagnation due to departure from genuine Islamic positions. Thus it was that the awakened conscience of the nation, under the leadership of Imam Khumayni, came to perceive the necessity of pursuing a genuinely Islamic and ideological line in its struggles. And this time, the militant ‘ulama’ of the country, who had always been in the forefront of popular movements, together with the committed writers and  intellectuals, found new impetus by following his leadership.

The Dawn of the Movement

The devastating protest of Imam Khumayni against the American conspiracy known as the “White Revolution, “which was a step intended to stabilize the foundations of despotic rule and to reinforce the political, cultural, and economic dependence of Iran on world imperialism, brought into being a united movement of the people and, immediately afterwards, a momentous revolution of the Muslim nation in June 1963. Although this revolution was drowned in blood, in reality it heralded the beginning of the blossoming of a glorious and massive uprising, which confirmed the central role of Imam Khumayni as an Islamic leader. Despite his exile from Iran after his protest against the humiliating law of capitulation (which provided legal immunity for American advisers), the firm bond between the Imam and the people endured, and the Muslim nation, particularly committed intellectuals and militant ‘ulama’, continued their struggle in the face of banishment and imprisonment, torture and execution.

Throughout this time, the conscious and responsible segment of society was bringing enlightenment to the people from the strongholds of the mosques, centers of religious teaching, and universities. Drawing inspiration from the revolutionary and fertile teachings of Islam, they began the unrelenting yet fruitful struggle of raising the level of ideological awareness and revolutionary consciousness of the Muslim people. The despotic regime which had begun the suppression of the Islamic movement with barbaric attacks on the Faydiyyah Madrasah, Tehran University, and all other active centers of revolution, in an effort to evade the revolutionary anger of the people, resorted to the most savage and brutal measures. And in these circumstances, execution by firing squads, endurance of medieval tortures, and long terms of imprisonment were the price our Muslim nation had to pay to prove its firm resolve to continue the struggle. The Islamic Revolution of Iran was nurtured by the blood of hundreds of young men and women, infused with faith, who raised their cries of “Allahu Akbar” at daybreak in execution yards, or were gunned down by the enemy in streets and marketplaces. Meanwhile, the continuing declarations and messages of the Imam that were issued on various occasions, extended and deepened the consciousness and determination of the Muslim nation to the utmost.

Islamic Government

The plan of the Islamic government as proposed by Imam Khumayni at the height of the period of repression and strangulation practiced by the despotic regime, produced a new specific, and streamline motive for the Muslim people, opening up before them the true path of Islamic ideological struggle, and giving greater intensity to the struggle of militant and committed Muslims both within the country and abroad.

The movement continued on this course until finally popular dissatisfaction and intense rage of the public caused by the constantly increasing repression at home, and the projection of the struggle at the international level after exposure of the regime by the ‘ulama’ and militant students, shook the foundations of the regime violently. The regime and its sponsors were compelled to decrease the intensity of repression and to “liberalize” the political atmosphere of the country. This, they imagined, would serve as a safety valve, which would prevent their eventual downfall. But the people, aroused, conscious, and resolute under the decisive and unfaltering leadership of the Imam, embarked on a triumphant, unified, comprehensive, and countrywide uprising

The Wrath of the People

The publication of an outrageous article meant to malign the revered ‘ulama’ and in particular Imam Khumayni on 7 Jan 1978 by the ruling regime accelerated the revolutionary movement and caused an outburst of popular outrage across the country. The regime attempted to quiet the heat of the people’s anger by drowning the protest and uprising in blood, but the bloodshed only quickened the pulse rate of the Revolution. The seventh day and fortieth-day commemorations of the martyrs of the Revolution, like a series of steady heartbeats, gave greater vitality, intensity, vigor, and solidarity to this movement all over the country. In the course of this popular movement, the employees of all government establishments took an active part in the effort to overthrow the tyrannical regime by calling a general strike and participating in street demonstrations. The widespread solidarity of men and women of all segments of society and of all political and religious factions, played a clearly determining role in the struggle. Especially the women were actively and massively present in a most conspicuous manner at all stages of this great struggle. The common sight of mothers with infants in their arms rushing towards the scene of battle and in front of the barrels of machine-guns indicated the essential and decisive role played by this major segment of society in the struggle.

The Price the Nation Paid

After slightly more than a year of continuous and unrelenting struggle, the sapling of the evolution, watered by the blood of more than 60,000 martyrs and 100,000 wounded and disabled, not to mention property damage, came to bear fruit amidst the cries of “Independence! Freedom! Islamic government!” This great movement, which attained victory through reliance upon faith, unity, and the decisiveness of its leadership at every critical and sensitive juncture, as well as the self-sacrificing spirit of the people, succeeded in upsetting all the calculations of imperialism and destroying all its connections and institutions, thereby opening a new chapter in the history of all-embracing popular revolutions of the world.

On 12 and 13 Feb 1979, the world witnessed the collapse of the monarchical regime. Domestic tyranny and foreign domination, both of which were based upon it, were shattered. This great success proved to be the vanguard of Islamic government -a long-cherished desire of the Muslim people- and brought with it the glad tidings of final victory.

Unanimously, the Iranian people declared their final and firm decision, in the referendum on the Islamic Republic, to bring about a new political system, that of the Islamic Republic. A majority of 98.2% of the people voted for this system. The Constitution of the Islamic Republic of Iran, setting forth as it does the political, social, cultural, and economic institutions and their relations that are to exist in society, must now provide for the consolidation of the foundations of Islamic government, and propose the plan of a new system of government to be erected on the ruins of the previous order.

The Form of Government in Islam 

In the view of Islam, government does not derive from the interests of a class, nor does it serve the domination of an individual or a group. Rather, it represents the fulfillment of the political ideal of a people who bear a common faith and common outlook, taking an organized form in order to initiate the process of intellectual and ideological evolution towards the final goal, i.e., movement towards Allah. Our nation, in the course of its revolutionary developments, has cleansed itself of the dust and impurities that accumulated during the past and purged itself of foreign ideological influences, returning to authentic intellectual stand points and world-view of Islam. It now intends to establish an ideal and model society on the basis of Islamic norms. The mission of the Constitution is to realize the ideological objectives of the movement and to create conditions conducive to the development of man in accordance with the noble and universal values of Islam.

With due attention to the Islamic content of the Iranian Revolution, the Constitution provides the necessary basis for ensuring the continuation of the Revolution at home and abroad. In particular, in the development of international relations, the Constitution will strive with other Islamic and popular movements to prepare the way for the formation of a single world community (in accordance with the Koranic verse “This your community is a single community, and I am your Lord, so worship Me” [21:92]), and to assure the continuation of the struggle for the liberation of all deprived and oppressed peoples in the world.

With due attention to the essential character of this great movement, the Constitution guarantees the rejection of all forms of intellectual and social tyranny and economic monopoly, and aims a entrusting the destinies of the people to the people themselves in order to break completely with the system of oppression. (This is in accordance with the Koranic verse “He removes from them their burdens an the fetters that were upon them” [7:157]).

In creating, on the basis of ideological outlook, the political infrastructures and institutions that are the foundation of society, the righteous will assume the responsibility of governing and administering the country (in accordance with the Koranic verse “Verily My righteous servants shall inherit the earth” [21:105]).

Legislation setting forth regulations for the administration of society will revolve around the Koran and the Sunnah. Accordingly, the exercise of meticulous and earnest supervision by just, pious, and committed scholars of Islam is an absolute necessity. In addition, the aim of government is to foster the growth of man in such a way that he progresses towards the establishment of a Divine order (in accordance with the Koranic phrase “And toward God is the journeying” [3 28]); and to create favorable conditions for the emergence and blossoming of man’s innate capacities, so that the theomorphic dimensions of the human being are manifested (in accordance with the injunction of the Prophet (S) “Mould yourselves according to the Divine morality”); this goal cannot be attained without the active and broad participation of all segments of society in the process of social development.

With due attention to this goal, the Constitution provides the basis of such participation by all members of society at all stages of the political decision-making process on which the destiny of the country depends. In this way during the course of human development towards perfection, each individual will himself be involved in, and responsible for the growth, advancement, and leadership of society. Precisely in this lies the realization of the holy government upon earth (in accordance with the Koranic verse “And we wish to show favor to those who have been oppressed upon earth, and to make them leaders and the inheritors.” [28:5]).

The Principles of Governance of the Just Holy Person In keeping with the principles of governance and the perpetual necessity of leadership, the Constitution provides for the establishment of leadership by a holy person possessing the necessary qualifications and recognized as leader by the people (this is in accordance with the saying “The direction of affairs is in the hands of those who are learned concerning God and are trustworthy in matters pertaining to what He permits and forbids”). Such leadership will prevent any deviation by the various organs of State from their
essential Islamic duties.

The Economy is a Means, Not an End

In strengthening the foundations of the economy, the fundamental consideration will be fulfillment of the material needs of man in the course of his overall growth and development. This principle contrasts with other economic systems, where the aim is concentration and accumulation of wealth and maximization of profit. In materialist schools of thought, the economy represents an end in itself, so that it comes to be a subversive and corrupting factor in the course of man’s development. In Islam, the economy is a means, and all that is required of a means is that it should be an efficient factor contributing to the attainment of the ultimate goal.

From this viewpoint, the economic program of Islam consists of providing the means needed for the emergence of the various creative capacities of the human being. Accordingly, it is the duty of the Islamic government to furnish all citizens with equal and appropriate opportunities, to provide them with work, and to satisfy their essential needs, so that the course of their progress may be assured.

Woman in the Constitution

Through the creation of Islamic social infrastructures, all the elements of humanity that  served the multifaceted foreign exploitation shall regain their true identity and human rights. As a part of this process, it is only natural that women should benefit from a particularly large augmentation of their rights, because of the greater oppression that they suffered under the old regime.

The family is the fundamental unit of society and the main center for  the growth and edification of human being. Compatibility with respect to belief and ideal, which provides the primary basis for man’s development and growth, is the main consideration in the establishment of a family. It is the duty of the Islamic government to provide the necessary facilities for the attainment of this goal. This view of the family unit delivers woman from being regarded as an object or instrument in the service of promoting consumerism  and exploitation. Not only does woman recover thereby her momentous and precious function of motherhood, rearing of ideologically committed human beings, she also assumes a pioneering social role and becomes the fellow struggler of man in all vital areas of life. Given the weighty responsibilities that woman thus assumes, she is accorded in Islam great value and nobility. 

An Ideological Army

In the formation and equipping of the country’s defense forces, due attention must be paid to faith and ideology as the basic criteria. Accordingly, the Army of the Islamic Republic of Iran and the Islamic Revolutionary Guards Corps are to be organized in conformity with this goal, and they will be responsible not only for guarding and preserving the frontiers of the country but also for fulfilling the ideological mission of jihad in God’s way; that is, extending the sovereignty of God’s law throughout the world (this is in accordance with the Koranic verse “Prepare against them whatever force you are able to muster, and strings of horses, striking fear into the enemy of God and your enemy, and others besides them” [8:60]). 

The Judiciary in the Constitution

The judiciary is of vital importance in the context of safeguarding the rights of the people in accordance with the line followed by the Islamic movement, and the prevention of deviations within the Islamic nation. Provision has therefore been made for the creation of a judicial system based on Islamic justice and operated by just judges with meticulous knowledge of the Islamic laws. This system, because of its essentially sensitive nature and the need for full ideological conformity, must be free from every kind of unhealthy relation and connection (this is in accordance with the Koranic verse “When you judge among the people, judge with justice” [4:58]).

Executive Power

Considering the particular importance of the executive power in implementing the laws and ordinances of Islam for the sake of establishing the rule of just relations over society, and considering, too, its vital role in paving the way for the attainment of the ultimate goal of life, the executive power must work toward the creation of an Islamic society. Consequently, the confinement of the executive power within any kind of complex and inhibiting system that delays or impedes the attainment of this goal is rejected by Islam. Therefore, the system of bureaucracy, the result and product of old forms of government, will be firmly cast away, so that an executive system that functions efficiently and swiftly in the fulfillment of its administrative commitments comes into existence.

Mass-Communication Media

The mass-communication media, radio and television, must serve the diffusion of Islamic culture in pursuit of the evolutionary course of the Islamic Revolution. To this end, the media should be used as a forum for healthy encounter of different ideas, but they must strictly refrain from diffusion and propagation of destructive and anti Islamic practices.

It is incumbent on all to adhere to the principles of this Constitution, for it regards as its highest aim the freedom and dignity of the human race and provides for the growth and development of the human being. It is also necessary that the Muslim people should participate actively in the construction of Islamic society by selecting competent and believing officials and keeping close and constant watch on their performance. They may then hope for success in building an ideal Islamic society that can be a model for all people of the world and a witness to its perfection (in accordance with the Koranic verse “Thus We made you a median community, that you might be witnesses to men” [2:143]).

Representatives

The Assembly of Experts, composed of representatives of the people, completed its task of framing the Constitution, on the basis of the draft proposed by the government as well as all the proposals received from different groups of the people, in one hundred and seventy-five articles arranged in twelve chapters, in 1979, and in accordance with the aims and aspirations set out above, with the hope that this century will witness the establishment of a universal holy government and the downfall of all others. 

Chapter 1: General Principles

Article 1: Form of Government

The form of government of Iran is that of an Islamic Republic, endorsed by the people of Iran on the basis of their longstanding belief in the sovereignty of truth and Koranic justice, in the referendum of 29 and 30 March 1979, through the affirmative vote of a majority of 98.2% of eligible voters, held after the victorious Islamic Revolution led by Imam Khumayni. 

Article 2: Foundational Principles

The Islamic Republic is a system based on belief in:

  1.  The One God (as stated in the phrase “There is no god except Allah”), His exclusive sovereignty and right to legislate, and the necessity of submission to His commands;

  2. Divine revelation and its fundamental role in setting forth the laws;

  3. the return to God in the Hereafter, and the constructive role of this belief in the course of man’s ascent towards God;

  4. the justice of God in creation and legislation;

  5. continuous leadership and perpetual guidance, and its fundamental role in ensuring the uninterrupted process of the revolution of Islam;

  6.  the exalted dignity and value of man, and his freedom coupled with responsibility before God; in which equity, justice, political, economic, social, and cultural independence, and national solidarity are secured by recourse to: a) continuous leadership of the holy persons, possessing necessary qualifications, exercised on the basis of the Koran and the Sunnah, upon all of whom be peace;
     b) sciences and arts and the most advanced results of human experience, together with the effort to advance them further; c) negation of all forms oppression, both the infliction of and the submission to it, and of dominance, both its imposition and its acceptance.
Article 3: State Goals

In order to attain the objectives specified in Article 2, the government of the Islamic Republic of Iran has the duty of directing all its resources to the following goals:

  1. the creation of a favorable environment for the growth of moral virtues based on faith and piety and the struggle against all forms of vice and corruption;

  2.  raising the level of public awareness in all areas, through the proper use of the press, mass media, and other means;

  3. free education and physical training for everyone at all levels, and the facilitation and expansion of higher education;

  4. strengthening the spirit of inquiry, investigation, and innovation in all areas of science, technology, and culture, as well as Islamic studies, by establishing research centers and encouraging researchers;

  5. the complete elimination of imperialism and the prevention of foreign influence;

  6. the elimination of all forms of despotism and autocracy and all attempts to monopolize power;

  7. ensuring political and social freedoms within the framework of the law;

  8. the participation of the entire people in determining their political, economic, social, and cultural destiny;

  9. the abolition of all forms of undesirable discrimination and the provision of equitable opportunities for all, in both the material and the intellectual spheres;

  10. the creation of a correct administrative system and elimination of superfluous government organizations;

  11. all round strengthening of the foundations of national defense to the utmost degree by means of universal military training for the sake of safeguarding the independence, territorial integrity, and the Islamic order of the country;

  12. the planning of a correct and just economic system, in accordance with Islamic criteria, in order to create welfare, eliminate poverty, and abolish all forms of deprivation with respect to food, housing, work, health care, and the provision of social insurance for all;

  13. the attainment of self-sufficiency in scientific, technological, industrial, agricultural, and military domains, and other similar spheres;

  14. securing the multifarious rights of all citizens, both women and men, and providing legal protection for all, as well as the equality of all before the law;

  15. the expansion and strengthening of Islamic brotherhood and public cooperation among all the people;

  16. framing the foreign policy of the country on the basis of Islamic criteria, fraternal commitment to all Muslims, and unsparing support to the freedom fighters of the world.
Article 4: Islamic Principle

All civil, penal financial, economic, administrative, cultural, military, political, and other laws and regulations must be based on Islamic criteria. This principle applies absolutely and generally to all articles of the Constitution as well as to all other laws and regulations, and the wise persons of the Guardian Council are judges in this matter.

Article 5: Office of Religious Leader

During the occultation of the Wali al-‘Asr (may God hasten his reappearance), the leadership of the Ummah devolve upon the just and pious person, who is fully aware of the circumstances of his age, courageous, resourceful, and possessed of administrative ability, will assume the responsibilities of this office in accordance with Article 107.

Article 6: Administration of Affairs

In the Islamic Republic of Iran, the affairs of the country must be administered on the basis of public opinion expressed by the means of elections, including the election of the President, the representatives of the Islamic Consultative Assembly, and the members of councils, or by means of referenda in matters specified in other articles of this Constitution.

Article 7: Consultative Bodies
  1. In accordance with the command of the Koran contained in the verse “Their affairs are by consultations among them” [42:38] and “Consult them in affairs” [3:159], consultative bodies -such as the Islamic Consultative Assembly, the Provincial Councils, and the City, Region, District, and Village Councils and the likes of them – are the decision-making and administrative organs of the country.

  2. The nature each of these councils, together with the manner of their formation, their jurisdiction, and scope of their duties and functions, is determined by the Constitution and laws derived from it.
Article 8: Community Principle

In the Islamic Republic of Iran, “al-‘amr bilma’ruf wa al-nahy ‘an al-munkar” is a universal and reciprocal duty that must be fulfilled by the people with respect to one another, by the government with respect to the people, and by the people with respect to the government. The conditions, limits, and nature of this duty will be specified by law. (This is in accordance with the Koranic verse “The believers, men and women, are guardians of one another; they enjoin the good and forbid the evil.”[9:71])

Article 9: Independence Principle

In the Islamic Republic of Iran, the freedom, independence, unity, and territorial integrity of the country are inseparable from one another, and their preservation is the duty of the government and all individual citizens. No individual, group, or authority, has the right to infringe in the slightest way upon the political, cultural, economic, and military independence or the territorial integrity of Iran under the pretext of exercising freedom. Similarly, no authority has the right to abrogate legitimate freedoms, not even by enacting laws and regulations for that purpose, under the pretext of preserving the independence and territorial integrity of the country.

Article 10: Family Principle

Since the family is the fundamental unit of Islamic society, all laws, regulations, and pertinent programs must tend to facilitate the formation of a family, and to safeguard its sanctity and the stability of family relations on the basis of the law and the ethics of Islam.

Article 11: Unity of Islam Principle

In accordance with the sacred verse of the Koran “This your community is a single community, and I am your Lord, so worship Me” [21:92], all Muslims form a single nation, and the government of the Islamic Republic of Iran have the duty of formulating its general policies with a view to cultivating the friendship and unity of all Muslim peoples, and it must constantly strive to bring about the political, economic, and cultural unity of the Islamic world. 

Article 12: Official Religion

The official religion of Iran is Islam and the Twelver Ja’fari school, and this principle will remain eternally immutable. Other Islamic schools are to be accorded full respect, and their followers are free to act in accordance with their own jurisprudence in performing their religious rites. These schools enjoy official status in matters pertaining to religious education, affairs of personal status (marriage, divorce, inheritance, and wills) and related litigation in courts of law. In regions of the country where Muslims following any one of these schools constitute the majority, local regulations, within the bounds of the jurisdiction of local councils, are to be in accordance with the respective school, without infringing upon the rights of the followers of other schools.

Article 13: Recognized Religious Minorities

Zoroastrian, Jewish, and Christian Iranians are the only recognized religious minorities, who, within the limits of the law, are free to  perform their religious rites and ceremonies, and to act according to their own canon in matters of personal affairs and religious education.

Article 14: Non-Muslims’ Rights

In accordance with the sacred verse “God does not forbid you to deal kindly and justly with those who have not fought against you because of your religion and who have not expelled you from your homes [60:8], the government of the Islamic Republic of Iran and all Muslims are duty-bound to treat non Muslims in conformity with ethical norms and the principles of Islamic justice and equity, and to respect their human rights. This principle applies to all who refrain from engaging in conspiracy or activity against Islam and the Islamic Republic of Iran.

Chapter II: The Official Language, Script, Calendar, and Flag of the Country

Article 15: Official Language

The Official Language and script of Iran, the lingua franca of its people, is Persian. Official documents, correspondence, and texts, as well as text-books, must be in this language and script. However, the use of regional and tribal languages in the press and mass media, as well as for teaching of their literature in schools, is allowed in addition to Persian. 

Article 16: Arabic Language

Since the language of the Koran and Islamic texts and teachings is Arabic, and since Persian literature is thoroughly permeated by this language, it must be taught after elementary level, in all classes of secondary school and in all areas of study.

Article 17: Official Calendar

The Official Calendar of the country takes as its point of departure the migration of the Prophet of Islam -God’s peace and blessings upon him and his Family. Both the solar and lunar Islamic calendars are recognized, but government offices will function according to the solar calendar. The official weekly holiday is Friday.


Article 18:Official Flag

The Official Flag of Iran is composed of green, white, and red colors, with the special emblem of the Islamic Republic, together with the State Motto.

Chapter III: The Rights of People

Article 19: No Discrimination, No Privileges

All people of Iran, whatever the ethnic group or tribe to which they belong, enjoy equal rights; color, race, language, and the like, do not bestow any privilege.

Article 20: Equality Before Law

All citizens of the country, both men and women, equally enjoy the protection of the law and enjoy all human, political, economic, social, and cultural rights, in conformity with Islamic criteria.

Article 21: Women’s Rights

The government must ensure the rights of women in all respects, in conformity with Islamic criteria, and accomplish the following goals:

  1. create a favorable environment for the growth of woman’s personality and the restoration of her rights, both the material and intellectual;

  2. the protection of mothers, particularly during pregnancy and child-rearing, and the protection of children without guardians;

  3. establishing competent courts to protect and preserve the family;

  4. the provision of special insurance for widows, aged women, and women without support;

  5. the awarding of guardianship of children to worthy mothers, in order to protect the interests of the children, in the absence of a legal guardian.
Article 22: Human Dignity and Rights

The dignity, life, property, rights, residence, and occupation of the individual are inviolate, except in cases sanctioned by law.

Article 23: Freedom of Belief

The investigation of individuals’ beliefs is forbidden, and no one may be molested or taken to task simply for holding a certain belief.

Article 24: Freedom of the Press

Publications and the press have freedom of expression except when it is detrimental to the fundamental principles of Islam or the rights of the public. The details of this exception will be specified by law.

Article 25: Secrecy of Communication

The inspection of letters and the failure to deliver them, the recording and disclosure of telephone conversations, the disclosure of telegraphic and telex communications, censorship, or the wilful failure to transmit them, eavesdropping, and all forms of covert investigation are forbidden, except as provided by law.

Article 26: Freedom of Association

The formation of parties, societies, political or professional associations, as well as religious societies, whether Islamic or pertaining to one of the recognized religious minorities, is permitted provided they do not violate the principles of independence, freedom, national unity, the criteria of Islam, or the basis of the Islamic Republic. No one may be prevented from participating in the aforementioned groups, or be compelled to participate in them.

Article 27: Freedom of Assembly

Public gatherings and marches may be freely held, provided arms are not carried and that they are not detrimental to the fundamental principles of Islam. 

Article 28: Work
  1. Everyone has the right to choose any occupation he wishes, if it is not contrary to Islam and the public interests, and does not infringe the rights of others.

  2. The government has the duty, with due consideration of the need of society for different kinds of work, to provide every citizen with the opportunity to work, and to create equal conditions for obtaining it.

Article 29: Welfare Rights
  1. To benefit from social security with respect to retirement, unemployment, old age, disability, absence of a guardian, and benefits relating to being stranded, accidents, health services, and medical care and treatment, provided through insurance or other means, is accepted as a universal right.

  2. The government must provide the foregoing services and financial support for every individual citizen by drawing, in accordance with the law, on the national revenues and funds obtained through public contributions.
Article 30: Education

The government must provide all citizen with free education up to secondary school, and must expand free higher education to the extent required by the country for attaining self sufficiency.

Article 31: Housing

It is the right of every Iranian individual and family to possess housing commensurate with his needs. The government must make land available for the implementation of this article, according priority to those whose need is greatest, in particular the rural population and the workers.

Article 32: Arrest

No one may be arrested except by the order and in accordance with the procedure laid down by law. In case of arrest, charges with the reasons for accusation must, without delay, be communicated and explained to the accused in writing, and a provisional dossier must be forwarded to the competent judicial authorities within a maximum of twenty-four hours so that the preliminaries to the trial can be completed as swiftly as possible. The violation of this article will be liable to punishment in accordance with the law.

Article 33: Residence

No one can be banished from his place of residence, prevented from residing in the place of his choice, or compelled to reside in a given locality, except in cases provided by law.

Article 34: Recourse to the Courts

It is the indisputable right of every citizen to seek justice by recourse to competent courts. All citizens have right of access to such courts, and no one can be barred from courts to which he has a legal right of recourse.

Article 35: Right to Counsel

Both parties to a lawsuit have the right in all courts of law to select an attorney, and if they are unable to do so, arrangements must be made to provide them with legal counsel.

Article 36: Sentencing

The passing and execution of a sentence must be only by a competent court and in accordance with law.

Article 37: Presumption of innocence 

Innocence is to be presumed, and no one is to be held guilty of a charge unless his or her guilt has been established by a competent court.

Article 38: Torture

All forms of torture for the purpose of extracting confession or acquiring information are forbidden. Compulsion of individuals to testify, confess, or take an oath is not permissible; and any testimony, confession, or oath obtained under duress is devoid of value and credence. Violation of this article is liable to punishment in accordance with the law.

Article 39: Dignity of Arrested

All affronts to the dignity and repute of persons arrested, detained, imprisoned, or banished in accordance with the law, whatever form they may take, are forbidden and liable to punishment.

Article 40: Public Interest

No one is entitled to exercise his rights in a way injurious to others or detrimental to public interests

Article 41: Citizenship

Iranian citizenship is the indisputable right of every Iranian, and the government cannot withdraw citizenship from any Iranian unless he himself requests it or acquires the citizenship of another country.

Article 42: Nationalization

Foreign nationals may acquire Iranian citizenship within the framework of the laws. Citizenship may be withdrawn from such persons if another State accepts them as its citizens or if they request it.

Chapter IV: Economy and Financial Affairs

Article 43: Principles

The economy of the Islamic Republic of Iran, with its objectives of achieving the economic independence of the society, uprooting poverty and deprivation, and fulfilling human needs in the process of development while preserving human liberty, is based on the following criteria:

  1. the provision of basic necessities for all citizens: housing, food, clothing, hygiene, medical treatment, education, and the necessary facilities for the establishment of a family;

  2. ensuring conditions and opportunities of employment for everyone, with a view to attaining full employment; placing the means of work at the disposal of everyone who is able to work but lacks the means, in the form of cooperatives, through granting interest-free loans or recourse to any other legitimate  means that neither results in the concentration or circulation of wealth in the hands of a few individuals or groups, nor turns the government into a major absolute employer. These steps must be taken with due regard for the requirements governing the general economic planning of the country at each stage of its growth;

  3. the plan for the national economy must be structured in such a manner that the form, content, and hours of work of every individual will allow him sufficient leisure and energy to engage, beyond his professional endeavor, in intellectual, political, and social activities leading to all-round development of his self, to take active part in leading the affairs of the country, improve his skills, and to make full use of his creativity;

  4. respect for the right to choose freely an occupation; refraining from compelling anyone to engage in a particular job; and preventing the exploitation of another’s labor;

  5. the prohibition of infliction of harm and loss upon others, monopoly, hoarding, usury, and other illegitimate and evil practices;

  6. the prohibition of extravagance and wastefulness in all matters related to the economy, including consumption, investment, production, distribution, and services;

  7. the utilization of and the training of skilled personnel in accordance with the developmental needs of the country’s economy;

  8. prevention of foreign economic domination over the country’s economy. 

  9. emphasis on increase of agricultural, livestock, and industrial production in order to satisfy public needs and to make the country self-sufficient and free from dependence. 
Article 44: Sectors
  1. The economy of the Islamic Republic of Iran is to consist of three sectors: state, cooperative, and private, and is to be based on systematic and sound planning.

  2. The state sector is to include all large-scale and mother industries, foreign trade, major minerals, banking, insurance, power generation, dams, and large-scale irrigation networks, radio and television, post, telegraph and telephone services, aviation, shipping, roads, railroads and the like; all these will be publicly owned and administered by the State.

  3. The cooperative sector is to include cooperative companies and enterprises concerned with production and distribution, in urban and rural areas, in accordance with Islamic criteria.

  4. The private sector consists of those activities concerned with agriculture, animal husbandry, industry, trade, and services that supplement the economic activities of the state and cooperative sectors.

  5. Ownership in each of these three sectors is protected by the laws of the Islamic Republic, in so far as this ownership is in conformity with the other articles of this chapter, does not go beyond the bounds of Islamic law, contributes to the economic growth and progress of the country and does not harm society.

  6. The scope of each of these sectors as well as the regulations and conditions governing their operation, will be specified by law.
Article 45: Public Wealth

Public wealth and property, such as uncultivated or abandoned land, mineral deposits, seas, lakes, rivers and other public waterways, mountains, valleys, forests, marshlands, natural forests, unenclosed pastures, legacies without heirs, property of undetermined ownership, and public property recovered from usurpers, shall be at the disposal of the Islamic government for it to utilize in accordance with the public interest. Law will specify detailed procedures for the utilization of each of the foregoing items.

Article 46: Fruits of Business

Everyone is the owner of the fruits of his legitimate business and labor, and no one may deprive another of the opportunity of business and work under the pretext of his right to ownership.

Article 47: Private Property

Private ownership, legitimately acquired, is to be respected. The relevant criteria are determined by law.

Article 48: Resources for Regions

There must be no discrimination among the various provinces with regard to the exploitation of natural resources, utilization of public revenues, and distribution of economic activities among the various provinces and regions of the country, thereby ensuring that every region has access to the necessary capital and facilities in accordance with its needs and capacity for growth.

Article 49: Confiscation

The government has the responsibility of confiscating all wealth accumulated through usury, usurpation, bribery, embezzlement, theft, gambling, misuse of endowments, misuse of government contracts and transactions, the sale of uncultivated lands and other resources subject to public ownership, the operation of centers of corruption, and other illicit means and sources, and restoring it to its legitimate owner; and if no such owner can be identified, it must be entrusted to the public treasury. This rule must be executed by the government with due care, after investigation and furnishing necessary evidence in accordance with the law of Islam.

Article 50: Preservation of the Environment

The preservation of the environment, in which the present as well as the future generations have a right to flourishing social existence, is regarded as a public duty in the Islamic Republic. Economic and other activities that inevitably involve pollution of the environment or cause irreparable damage to it are therefore forbidden.

Article 51: Taxation

No form of taxation may be imposed except in accordance with the law. Provisions for tax exemption and reduction will be determined by law.

Article 52: Budget

The annual budget of the country will be drawn up by the government in the manner specified by law and submitted to the Islamic Consultative Assembly for discussion and approval. Any change in the figures contained in the budget will be in accordance with the procedure prescribed by law.

Article 53: Central Treasury

All sums collected by the government will be deposited into the government accounts at the central treasury, and all disbursements, within the limits of allocations approved, shall be made in accordance with law.

Article 54: Acounting Agency

The National Accounting Agency is to be directly under the supervision of the Islamic Consultative Assembly. Its organization and mode of operation in Tehran and at the provincial capitals are to be determined by law. 

Article 55: Auditing, Report

The National Accounting Agency will inspect and audit, in the manner prescribed by law, all the accounts of ministries, government institutions, and companies as well as other organizations that draw, in any way, on the general budget of the country, to ensure that no expenditure exceeds the allocations approved and that all sums are spent for the specified purpose. It will collect all relevant accounts, documents, and records, in accordance with law, and submit to the Islamic Consultative Assembly a report for the settlement of each year’s budget together with its own comments. This report must be made available to the public.

Chapter V: The Right of National Sovereignty

Article 56: Divine Right of Sovereignty

Absolute sovereignty over the world and man belongs to God, and it is He Who has made man master of his own social destiny. No one can deprive man of this divine right, nor subordinate it to the vested interests of a particular individual or group. The people are to exercise this divine right in the manner specified in the following articles.

Article 57: Separation of Powers

The powers of government in the Islamic Republic are vested in the legislature, the judiciary, and the executive powers, functioning under the supervision of the absolute religious Leader and the Leadership of the Ummah, in accordance with the forthcoming articles of this Constitution. These powers are independent of each other.

Article 58: Legislature

The functions of the legislature are to be exercised through the Islamic Consultative Assembly, consisting of the elected representatives of the people. Legislation approved by this body, after going through the stages specified in the articles below, is communicated to the executive and the judiciary for implementation.

Article 59: Mandatory Referendum

In extremely important economic, political, social, and cultural matters, the functions of the legislature may be exercised through direct recourse to popular vote through a referendum. Any request for such direct recourse to public opinion must be approved by two thirds of the members of the Islamic Consultative Assembly.

Article 60: Executive

The functions of the executive, except in the matters that are directly placed under the jurisdiction of the Leadership by the Constitution, are to be exercised by the President and the Ministers.

Article 61: Judiciary

The functions of the judiciary are to be performed by courts of justice, which are to be formed in accordance with the criteria of Islam, and are vested with the authority to examine and settle lawsuits, protect the rights of the public, dispense and enact justice, and implement the Divine limits.

Chapter VI: The Legislative powers

Section 1: The Islamic Consultative Assembly 
Article 62: Election
  1. The Islamic Consultative Assembly is constituted by the representatives of the people elected directly and by secret ballot.

  2. The qualifications of voters and candidates, as well as the nature of election, will be specified by law.
Article 63: Term

The term of membership in the Islamic Consultative Assembly is four years. Elections for each term must take place before the end of the preceding term, so that the country is never without an Assembly.

Article 64: 270 Members, Religious Representatives
  1. There are to be two hundred seventy members of the Islamic Consultative Assembly which, keeping in view the human, political, geographic, and other similar factors, may increase by not more than twenty for each ten-year period from the date of the national referendum of the year 1368 of the solar Islamic calendar.

  2. The Zoroastrians and Jews will each elect one representative; Assyrian and Chaldean Christians will jointly elect one representative; and Armenian Christians in the north and those in the south of the country will each elect one representative.

  3. The delimitation of the election constituencies and the number of representatives will be determined by law.
Article 65: Quorum, Code of Procedure
  1.  After the holding of elections, sessions of the Islamic Consultative Assembly are considered legally valid when two-thirds of the total number of members are present. Drafts and bills will be approved in accordance with the code of procedure approved by it, except in cases where the Constitution has specified a certain quorum.

  2. The consent of two-thirds of all members present is necessary for the approval of the code of procedure of the Assembly.
Article 66: Rules of Procedure

The manner of election of the Speaker and the Presiding Board of the Assembly, the number of committees and their term of office, and matters related to conducting the discussions and maintaining the discipline of the assembly will be determined by the code of procedure of the Assembly.

Article 67: Oath 
  1. Members of the Assembly must take the following oath at the first session of the Assembly and affix their signatures to its text: “In the Name of God, the Compassionate, the Merciful. In the presence of the Glorious Koran, I swear by God, the Exalted and Almighty, and undertake, swearing by my own honor as a  human being, to protect the sanctity of Islam and guard the accomplishments of the Islamic Revolution of the Iranian people and the foundations of the Islamic Republic; to protect, as a just trustee, the honor bestowed upon me by the people, to observe piety in fulfilling my duties as people’s representative; to remain always committed to the independence and honor of the country; to fulfil my duties towards the nation and the service of the people; to defend the Constitution; and to bear in mind, both in speech and writing and in the expression of my views, the independence of the country, the freedom of the people, and the security of their interests.”

  2. Members belonging to the religious minorities will swear by their own sacred books while taking this oath.

  3. Members not attending the first session will perform the ceremony of taking the oath at the first session they attend.
Article 68: Suspended Elections During Wartime

In time of war and the military occupation of the country, elections due to be held in occupied areas or countrywide may be suspended for a specified period if proposed by the President of the Republic, and approved by three fourths of the total members of the Islamic Consultative Assembly, with the endorsement of the Guardian Council. If a new Assembly is not formed, the previous one will continue to function.

Article 69: Publicity, Closed Sessions

The deliberations of the Islamic Consultative Assembly must be open and full minutes of them made available to the public by the radio and the official gazette. A closed session may be held in emergency conditions, if it is required for national security, upon the requisition of the President, one of the Ministers, or ten members
of the Assembly. Legislation passed at a closed session is valid only when approved by three-fourths of the members in the presence of the Guardian Council. After emergency conditions have ceased to exist, the minutes of such closed sessions, together with any legislation approved in them, must be made available to the public.

Article 70: Government Attendance

The President, his deputies and the Ministers have the right to participate in the open sessions of the Assembly either collectively or individually. They may also have their advisers accompany them. If the members of the Assembly deem it necessary, the Ministers are obliged to attend. Whenever they request it, their statements are to be heard.

Section 2: Powers and Authority of the Islamic Consultative Assembly
Article 71: Legislation

The Islamic Consultative Assembly can establish laws on all matters, within the limits of its competence as laid down in the Constitution.

Article 72: Limits

The Islamic Consultative Assembly cannot enact laws contrary to the official religion of the country or to the Constitution. It is the duty of the Guardian Council to determine whether a violation has occurred, in accordance with Article 96.

Article 73: Interpretation of Laws

The interpretation of ordinary laws falls within the competence of the Islamic Consultative Assembly. The intent of this article does not prevent the interpretations that judges may make in the course of cassation.

Article 74: Bills

Government bills are presented to the Islamic Consultative Assembly after receiving the approval of the Council of Ministers. Members’ bills may be introduced in the Islamic Consultative Assembly if sponsored by at least fifteen members.

Article 75: Spending Bills

Members’ bills and proposals and amendments to government bills proposed by members that entail the reduction of the public income or the increase of public expenditure may be introduced in the Assembly only if means for compensating for the decrease in income or for meeting the new expenditure are also specified.

Article 76: Investigation

The Islamic Consultative Assembly has the right to investigate and examine all the affairs of the country.

Article 77: Treaties

International treaties, protocols, contracts, and agreements must be approved by the Islamic Consultative Assembly.

Article 78: Boundary Laws

All changes in the boundaries of the country are forbidden, with the exception of minor amendments in keeping with the interests of the country, on condition that they are not unilateral, do not encroach on the independence and territorial integrity of the country, and receive the approval of four-fifths of the total members of the Islamic Consultative Assembly.

Article 79: Martial Law, Temporary Restrictions

The proclamation of martial law is forbidden. In case of war or emergency conditions comparable to war, the government has the right to impose temporarily certain necessary restrictions, with the agreement of the Islamic Consultative Assembly. In no case can such restrictions last for more than thirty days; if the need for them persists beyond this limit, the government must obtain new authorization for them from the Assembly.

Article 80: Aid

The taking and giving of governmental loans or grants in-aid, domestic and foreign, must be approved by the Islamic Consultative Assembly.

Article 81: Foreign Business

The granting of concessions to foreigners or the formation of companies or institutions dealing with commerce, industry, agriculture, service, or mineral extraction, is absolutely forbidden.

Article 82: Foreign Experts

The employment of foreign experts is forbidden, except in cases of necessity and with the approval of the Islamic Consultative Assembly.

Article 83: Property of National Heritage

Government buildings and properties forming part of the national heritage cannot be transferred except with the approval of the Islamic Consultative Assembly; that, too, is not applicable in the  case of irreplaceable treasures.

Article 84: Responsibility

Every representative is responsible to the entire nation and has the right to express his views on all internal and external affairs of the country.

Article 85: Delegated Legislation
  1. The right of membership is vested with the individual, and is not transferable to others. The Assembly cannot delegate the power of legislation to an individual or committee. But whenever necessary, it can delegate the power of legislating certain laws to its own committees, in accordance with Article 72. In such a case, the laws will be implemented on a tentative basis for a period specified by the Assembly, and their final approval will rest with the Assembly.

  2. Likewise, the Assembly may, in accordance with Article 72, delegate to the relevant committees the responsibility for permanent approval of articles of association of organizations, companies, government institutions, or organizations affiliated to the government and or invest the authority in the government. In such a case, the government approvals must not be inconsistent with the principles and commandments of the official religion in the country or with the Constitution, which question shall be determined by the Guardian Council in accordance with what is stated in Article 96. In addition to this, the Government approvals shall not be against the laws and other general rules of the country and, while calling for implementation, the same shall be brought to the knowledge of the Speaker of the Islamic Consultative Assembly for his study and indication that the approvals in question are not inconsistent with the aforesaid rules.
Article 86: Independence, Indemnity

Members of the Assembly are completely free in expressing their views and casting their votes in the course of performing their duties as representatives, and they cannot be prosecuted or arrested for opinions expressed in the Assembly or votes cast in the course of performing their duties as representatives.

Article 87 [Vote of Confidence]

The President must obtain, for the Council of Ministers, after being formed and before all other business, a vote of confidence from the Assembly. During his incumbency, he can also seek a vote of confidence for the Council of Ministers from the Assembly on important and controversial issues.

Article 88: Questioning Government

Whenever at least one-fourth of the total members of the Islamic Consultative Assembly pose a question to the President, or any one member of the Assembly poses a question to a Minister on a subject relating to their duties, the President or the Minister is obliged to attend the Assembly and answer the question. This answer must not be delayed more than one month in the case of the President and ten days in the case of the Minister, except with an excuse deemed reasonable by the Islamic Consultative Assembly.

Article 89: Interpellation

  1. Members of the Islamic Consultative Assembly can interpolate the Council of Ministers or an individual Minister in instances they deem necessary. Interpellations can be tabled if they bear the signatures of at least ten members. The Council of Ministers or interpellated Minister must be present in the Assembly within ten days after the tabling of the interpellation in order to answer it and seek a vote of confidence. If the Council of Ministers or the Minister concerned fails to attend the Assembly, the members who tabled the interpellation will explain their reasons, and the Assembly will declare a vote of no confidence if it deems it necessary. If the Assembly does not pronounce a vote of confidence, the Council of Ministers or the Minister subject to interpellation is dismissed. In both cases, the Ministers subject to interpellation cannot become members of the next Council of Ministers formed immediately afterwards.

  2. In the event at least one-third of the members of the Islamic Consultative Assembly interpolate the President concerning his executive responsibilities in relation with the Executive Power and the executive affairs of the country the President must be present in the Assembly within one month after the tabling of the interpellation in order to give adequate explanations in regard to the matters raised. In the event, after hearing the statements of the opposing and favoring members and the reply of the President, two thirds of the members of the Assembly declare a vote of no confidence, the same will be communicated to the Leadership for information and implementation of article 110(10). 

Article 90 [Complaints, Petitions]

Whoever has a complaint concerning the work of the Assembly or the executive power or the judicial power can forward his complaint in writing to the Assembly. The Assembly must investigate his complaint and give a satisfactory reply. In cases where the complaint relates to the executive or the judiciary, the Assembly must demand proper investigation in the matter and an adequate explanation from them, and announce the results within a reasonable time. In cases where the subject of the complaint is of public interest, the reply must be made public.

Article 91: Guardian Council

With a view to safeguard the Islamic ordinances and the Constitution, in order to examine the compatibility of the legislation passed by the Islamic Consultative Assembly with Islam, a council to be known as the Guardian Council is to be constituted with the following composition:

  1. six religious men, conscious of the present needs and the issues of the day, to be
    selected by the Leader, and
  2. six jurists, specializing in different areas of law, to be elected by the Islamic Consultative Assembly from among the Muslim jurists nominated by the Head of the Judicial Power.
Article 92: Term

Members of the Guardian Council are elected to serve for a period of six years, but during the first term, after three years have passed, half of the members of each group will be changed by lot and new members will be elected in their place.

Article 93: Mandatory Formation

The Islamic Consultative Assembly does not hold any legal status if there is no Guardian Council in existence, except for the purpose of approving the credentials of its members and the election of the six jurists on the Guardian Council.

Article 94: Review of Legislation

All legislation passed by the Islamic Consultative Assembly must be sent to the Guardian Council. The Guardian Council must review it within a maximum of ten days from its receipt with a view to ensuring its compatibility with the criteria of Islam and the Constitution. If it finds the legislation incompatible, it will return it to the Assembly for review. Otherwise the legislation will be deemed enforceable.

Article 95: Extended Review

In cases where the Guardian Council deems ten days inadequate for completing the process of review and delivering a definite opinion, it can request the Islamic Consultative Assembly to grant an extension of the time limit not exceeding ten days.

Article 96: Majority

The determination of compatibility of the legislation passed by the Islamic Consultative Assembly with the laws of Islam rests with the majority vote of the religious men on the Guardian Council; and the determination of its compatibility with the Constitution rests with the majority of all the members of the Guardian Council.

Article 97: Attendance in Parliament

In order to expedite the work, the members of the Guardian Council may attend the Assembly and listen to its debates when a government bill or a members’ bill is under discussion. When an urgent government or members’ bill is placed on the agenda of the Assembly, the members of the Guardian Council must attend the Assembly and make their views known.

Article 98 [Authoritative Interpretation]

The authority of the interpretation of the Constitution is vested with the Guardian Council, which is to be done with the consent of three-fourths of its members.

Article 99: Supervision of Elections

The Guardian Council has the responsibility of supervising the elections of the Assembly of Experts for Leadership, the President of the Republic, the Islamic Consultative Assembly, and the direct recourse to popular opinion and referenda. 

Chapter VII: Councils

Article 100: Regional Councils
  1. In order to expedite social, economic, development, public health, cultural, and educational programs and facilitate other affairs relating to public welfare with the cooperation of the people according to local needs, the administration of each village, division, city, municipality, and province will be superseded by a council to be named the Village, Division, City, Municipality, or Provincial Council. Members of each of these councils will be elected by the people of the locality in question.

  2. Qualifications for the eligibility of electors and candidates for these councils, as well  their functions and powers, the mode  of election, the council jurisdiction, and the hierarchy of their authority will be determined by law in such a way as to preserve national unity, territorial integrity, the system of the Islamic Republic, and the sovereignty of the central government.
Article 101: Supreme Council of the Provinces
  1.  In order to prevent discrimination in the preparation of programs for the development and welfare of the provinces, to secure the cooperation of the people, and to arrange for the supervision of coordinated implementation of such programs, a Supreme Council of the Provinces will be formed, composed of representatives of the Provincial Councils.

  2.  Law will specify the manner in which this council is to be formed and the functions that it is to fulfil.
Article 102: Council Bills

The Supreme Council of the Provinces has the right within its jurisdiction, to draft bills and to submit them to the Islamic Consultative Assembly, either directly or through the government. These bills must be examined by the Assembly.

Article 103: Power Over Local Governments

Provincial governors, city governors, divisional governors, and other officials appointed by the government must abide by all decisions taken by the councils within their jurisdiction.

Article 104: Worker Councils
  1. In order to ensure Islamic equity and cooperation in carrying out the programs and to bring about the harmonious progress of all units of production, both industrial and agricultural, councils consisting of the representatives of the workers, peasants, other employees, and managers, will be formed in educational and administrative units, units of service industries, and other units of a like nature, similar councils will be formed, composed of representatives of the members of those units.

  2.  The mode of the formation of these councils and the scope of their functions and powers, are to be specified by law.
Article 105: Limits

Decisions taken by the councils must not be contrary to the criteria of Islam and the laws of the country.

Article 106: Right Against Dissolution
  1. The councils may not be dissolved unless they deviate from their legal duties. The body responsible for determining such deviation, as well as the manner for dissolving the councils and reforming them, will be specified by law.
  2. Should a council have any objection to its dissolution, it has the right to appeal to a competent court, and the court is duty-bound to examine its complaint outside the docket sequence

Chapter VIII: The Leader of Leadership council

Article 107: Religious Leader
  1. After the demise of Imam Khumayni, the task of appointing the Leader shall be vested with the experts elected by the people. The experts will review and consult among themselves concerning all the religious men possessing the qualifications specified in Articles 5 and 109. In the event they find one of them better versed in Islamic regulations or in political and social issues, or possessing general popularity or special prominence for any of the qualifications mentioned in Article 109, they shall elect him as the Leader. Otherwise, in the absence of such a superiority, they shall elect and declare one of them as the Leader. The Leader thus elected by the Assembly of Experts shall assume all the powers of the religious leader and all the responsibilities arising therefrom.

  2. The Leader is equal with the rest of the people of the country in the eyes of law.
Article 108: Experts

The law setting out the number and qualifications of the experts, the mode of their election, and the code of procedure regulating the sessions during the first term must be drawn up by the religious men on the first Guardian Council, passed by a majority of votes and then finally approved by the Leader of the Revolution. The power to make any subsequent change or a review of this law, or approval of all the provisions concerning the duties of the experts is vested in themselves.

Article 109: Leadership Qualifications
  1. Following are the essential qualifications and conditions for the Leader:
    a. Scholarship, as required for performing the functions of religious leader in different fields.
    b. Justice and piety, as required for the leadership of the Islamic Ummah.
    c. Right political and social perspicacity, prudence, courage, administrative facilities, and adequate capability for leadership.
  2.  In case of multiplicity of persons fulfilling the above qualifications and conditions, the person possessing the better jurisprudential and political perspicacity will be given preference
Article 110: Leadership Duties and Powers
  1. Following are the duties and powers of the Leadership:

    1. Delineation of the general policies of the Islamic Republic of Iran after consultation with the Nation’s Exigency Council.

    2. Supervision over the proper execution of the general policies of the system.

    3. Issuing decrees for national referenda.

    4. Assuming supreme command of the Armed Forces.

    5. Declaration of war and peace and the mobilization of the Armed Forces.

    6. Appointment, dismissal, and resignation of:
    a. the religious men on the Guardian Council,
    b. the supreme judicial authority of the country,
    c. the head of the radio and television network of the Islamic Republic of Iran,
    d. the chief of the joint staff,
    e. the chief commander of the Isalmic Revolution Guards Corps, and
    f. the supreme commanders of the Armed Forces.

    7. Resolving differences between the three wings of the Armed Forces and regulation of their relations.

    8. Resolving the problems which cannot be solved by conventional methods, through the Nation’s Exigency Council.

    9. Signing the decree formalizing the election of the President of the Republic by the people. The suitability of candidates for the Presidency of the Republic, with respect to the qualifications specified in the Constitution, must be confirmed before elections take place by the Guardian Council, and, in the case of the first term of a President, by the Leadership.

    10. Dismissal of the President of the Republic, with due regard for the interests of the country, after the Supreme Court holds him guilty of the violation of his constitutional duties, or after a vote of the Islamic Consultative Assembly testifying to his incompetence on the basis of Article 89.

    11. Pardoning or reducing the sentences of convicts, within the framework of Islamic criteria, on a recommendation from the Head of judicial power.

  2. The Leader may delegate part of his duties and powers to another person.
Article 111: Leadership Council
  1. Whenever the Leader becomes incapable of fulfilling his constitutional duties, or loses one of the qualifications mentioned in Articles 5 and 109, or it becomes known that he did not possess some of the qualifications initially, he will be dismissed. The authority of determination in this matter is vested with the experts specified in Article 108.

  2. In the event of the death, or resignation or dismissal of the Leader, the experts shall take steps within the shortest possible time for the appointment of the new Leader. Until the appointment of the new Leader, a council consisting of the President, head of the judiciary power, and a religious men from the Guardian Council, upon the decision of the Nation’s Exigency Council, shall temporarily take over all the duties of the Leader. In the event that, during this period, any one of them is unable to fulfil his duties for whatsoever reason, another person, upon the decision of majority of religious men in the Nation’s Exigency Council shall be elected in his place.

  3. This council shall take action in respect of items 1, 3, 5, and 10, and sections d, e and f of item 6 of Article 110, upon the decision of three-fourths of the members of the Nation’s Exigency Council.

  4. Whenever the leader becomes temporarily unable to perform the duties of leadership owing to his illness or any other incident, then during this period, the council mentioned in this article shall assume his duties.
Article 112: Exigency Council
  1. Upon the order of the Leader, the Nation’s Exigency Council shall meet at any time the Guardian Council judges a proposed bill of the Islamic Consultative Assembly to be against the principles of Sharrah or the Constitution, and the Assembly is unable to meet the expectations of the Guardian Council. Also, the Council shall meet for consideration on any issue forwarded to it by the Leader and shall carry out any other responsibility as mentioned in this Constitution.

  2. The permanent and changeable members of the Council shall be appointed by the Leader.

  3.  The rule for the Council shall be formulated and approved by the Council members subject to the confirmation by the Leader.

Chapter IX: The Executive Power

Section 1: The Presidency
Article 113: President

After the office of Leadership, the President is the highest official in the country. His is the responsibility for implementing the Constitution and acting as the head of the executive, except in matters directly concerned with the office of the Leadership.

Article 114: Term

The President is elected for a four-year term by the direct vote of the people. His re-election for a successive term is permissible only once.

Article 115: Qualifications

The President must be elected from among religious and political personalities possessing the following qualifications:
– Iranian origin;
– Iranian nationality;
– administrative capacity and resourcefulness;
– a good pastrecord;
– trustworthiness and piety; and
– convinced belief in the fundamental principles of the Islamic Republic of Iran and the official madhhab of the country.

Article 116: Candidacy

Candidates nominated for the post of President must declare their candidature officially. Law lays down the manner in which the President is to be elected.

Article 117: Majority

The President is elected by an absolute majority of votes polled by the voters. But if none of the candidates is able to win such a majority in the first round, voting will take place a second time on Friday of the following week. In the second round only the two candidates who received greatest number of votes in the first round will participate. If, however, some of the candidates securing greatest votes in the first round withdraw from the elections, the final choice will be between the two candidates who won greater number of votes than all the remaining candidates.

Article 118: Supervisory Body

Responsibility for the supervision of the election of the President lies with the Guardian Council, as stipulated in Article 99. But before the establishment of the first Guardian Council, it lies with a supervisory body to be constituted by law.

Article 119: New Elections

The election of a new President must take place no later than one month before the end of the term of the outgoing President. In the interim period before the election of the new President and the end of the term of the outgoing President, the outgoing President will perform the duties of the President.

Article 120: Extensions

In case any of the candidates whose suitability is established in terms of the qualifications listed above should die within ten days before polling day, the elections will be postponed for two weeks. If one of the candidates securing greatest number of votes dies in the intervening period between the first and second rounds of voting, the period for holding the second round of the election will be extended for two weeks.

Article 121: Oath

The President must take the following oath and affix his signature to it at a session of the Islamic Consultative Assembly in the presence of the head of the judicial power and the members of the Guardian Council:
“In the Name of God, the Compassionate, the Merciful, I, as President, swear, in the presence of the noble members of parliament and the people of Iran, by God, the Exalted and Almighty, that I will guard the official religion of the country, the order of the Islamic Republic, and the Constitution of the country; that I will devote all my capacities and abilities to the fulfillment of the responsibilities that I have assumed; that I will dedicate myself to the service of the people, the honor of the country, the propagation of religion and morality, and the support of truth and justice, refraining from every kind of arbitrary behavior; that I will protect the freedom and dignity of all citizens and the rights that the Constitution has accorded the people; that in guarding the frontiers and the political, economic, and cultural independence of the country I will not avoid any necessary measure; that, seeking help from God and following the Prophet of Islam and the infallible Imams (peace be upon them), I will guard, as a pious and selfless trustee, the authority vested in me by the people as a sacred trust, and transfer it to whomever the people may elect after me.”

Article 122: Responsibility

The President, within the limits of his powers and duties, which he has by virtue of this Constitution or other laws, is responsible to the people, the Leader and the Islamic Consultative Assembly.

Article 123: Signing Legislation

The President is obliged to sign legislation approved by the Assembly or the result of a referendum, after the legal procedures have been completed and it has been communicated to him. After signing, he must forward it to the responsible authorities for implementation.

Article 124: Presidential Deputies
  1. The President may have deputies for the performance of his constitutional duties.
  2. With the approval of the President, the first deputy of the President shall be vested with the responsibilities of administering the affairs of the Council of Ministers and coordination of functions of other deputies.
Article 125: Treaties

The President or his legal representative has the authority to sign treaties, protocols, contracts, and agreements concluded by the Iranian government with other governments, as well as agreements pertaining to international organizations, after obtaining the approval of the Islamic Consultative Assembly.

Article 126: Planning, Budget

The President is responsible for national planning and budget and state employment affairs and may entrust the administration of these to others.

Article 127: Special Representatives

In special circumstances, subject to approval of the Council of Ministers, the President may appoint one or more special representatives with specific powers. In such cases, the decisions of his representative(s) will be considered as the same as those of the President and the Council of Ministers.

Article 128: Ambassadors

The ambassadors shall be appointed upon the recommendation of the foreign Minister and approval of the President. The President signs the credentials of ambassadors and receives the credentials presented by the ambassadors of the foreign countries.

Article 129: State Decorations

The award of state decorations is a prerogative of the President.

Article 130: Resignation

The President shall submit his resignation to the Leader and shall continue performing his duties until his resignation is not accepted.

Article 131: Interim President

In case of death, dismissal, resignation, absence, or illness lasting longer than two months of the President or when his term in office has ended and a new president has not been elected due to some impediments, or similar other circumstances, his first deputy shall assume, with the approval of the Leader, the powers and functions of the President. The Council, consisting of the Speaker of the Islamic Consultative Assembly, head of the judicial power, and the first deputy of the President, is obliged to arrange for a new President to be elected within a maximum period of fifty days.
In case of death of the first deputy to the President, or other matters which prevent him to perform his duties or when the President does not have a first deputy, the Leader shall appoint another person in his place.

Article 132: Restricted Interim Period

During the period when the powers and responsibilities of the President are assigned to his first deputy or the other person in accordance with Article 131, neither can the Ministers be interpellated nor can a vote of no confidence be passed against them. Also, neither can any step be undertaken for a review of the Constitution, nor a national referendum be held.

Section 2: The President and Ministers
Article 133: Appointment of Ministers

Ministers will be appointed by the President and will be presented to the Assembly for a vote of confidence. With the change of Assembly, a new vote of confidence will not be necessary. The number of Ministers and the jurisdiction of each will be determined by law.

Article 134: Council of Ministers
  1. The President is the head of the Council of Ministers. He supervises the work of the Ministers and takes all necessary measures to coordinate the decisions of the government. With the cooperation of the Ministers, he determines the program and policies of the government and implements the laws.
  2.  In the case of discrepancies or interferences in the constitutional duties of the government agencies, the decision of the Council of Ministers at the request of the President shall be binding provided it does not call for an interpretation of or modification in the laws.
  3. The President is responsible to the Assembly for the actions of the Council of Ministers.
Article 135: Dismissal, Caretaker
  1.  The Ministers shall continue in office unless they are dismissed, or given a vote of no confidence by the Assembly as a result of their interpellation, or a motion for a vote of no confidence against them.
  2. The resignation of the Council of Ministers or that of each of them shall be submitted to the President, and the Council of Ministers shall continue to function until such time as the new government is appointed.
  3.  The President can appoint a caretaker for maximum period of three months for the ministries having no Minister.
Article 136 [Vote of Confidence]

The President can dismiss the Ministers and in such a case he must obtain a vote of confidence for the new Minister(s) from the Assembly. In case half of the members of the Council of Ministers are changed after the government has received its vote of confidence from the Assembly, the government must seek a fresh vote of confidence from the Assembly.

Article 137 Responsibility

Each of the Ministers is responsible for his duties to the President and the Assembly, but in matters approved by the Council of Ministers as a whole, he is also responsible for the actions of the others.

Article 138: Implementation of Laws, Ministerial Commissions
  1. In addition to instances in which the Council of Ministers or a single Minister is authorized to frame procedures for the implementation of laws, the Council of Ministers has the right to lay down rules, regulations, and procedures for performing its administrative duties, ensuring the implementation of laws, and setting up administrative bodies. Each of the Ministers also has the right to frame regulations and issue orders in matters within his jurisdiction and in conformity with the decisions of the Council of Ministers. However, the control of all such regulations must not violate the letter or the spirit of the law.

  2. The government can entrust any portion of its task to commissions composed of some Ministers. The decisions of such commissions within the rules will be binding after the endorsement of the President.

  3.  The ratifications and the regulations of the Government and the decisions of the commissions mentioned under this article shall also be brought to the notice of the Speaker of the Islamic Consultative Assembly while being communicated for implementation so that in the event he finds them contrary to law, he may send the same stating the reason for reconsideration by the Council of Ministers.
Article 139: Property Claims

The settlement of claims relating to public and state property or the referral thereof to arbitration is in every case dependent on the approval of the Council of Ministers, and the Assembly must be informed of these matters. In cases where one party to the dispute is a foreigner, as well as in important cases that are purely domestic, the approval of the Assembly must also be obtained. Law will specify the important cases intended here.

Article 140: No Immunity

Allegations of common crimes against the President, his deputies, and the Ministers will be investigated in common courts of justice with the knowledge of the Islamic Consultative Assembly.

Article 141: Incompatibility
  1.  The President the deputies to the President Ministers and Government employees cannot hold more than one Government position, and it is forbidden for them to hold any kind of additional post in institutions of which all or a part of the capital belongs to the government or public institutions, to be a member of the Islamic Consultative Assembly, to practice the profession of attorney or legal adviser, or to hold the post of president managing director, or membership of the board of directors of any kind of private company, with the exception of cooperative companies affiliated to the government departments and institutions.
  2. Teaching positions in universities and research institutions are exempted from
    this rule.
Article 142: Asset Control

The assets of the Leader, the President, the deputies to the President, and Ministers, as well as those of their spouses and offspring, are to be examined before and after their term of office by the head of the judicial power, in order to ensure they have not increased in a fashion contrary to law.

Section 3: The Army and the Islamic Revolutionary Gourds Corps
Article 143: Army Functions

The Army of the Islamic Republic of Iran is responsible for guarding the independence and territorial integrity of the country, as well as the order of the Islamic Republic.

Article 144: Islamic Army

The Army of the Islamic Republic of Iran must be an Islamic Army, i.e., committed to Islamic ideology and the people, and must recruit into its service individuals who have faith in the objectives of the Islamic Revolution and are devoted to the cause of realizing its goals.

Article 145: No Foreigners

No foreigner will be accepted into the Army or security forces of the country.

Article 146: No Foreign Military Base

The establishment of any kind of foreign military base in Iran, even for peaceful purposes, is forbidden.

Article 147: Peace Functions

In time of peace, the government must utilize the personnel and technical equipment of the Army in relief operations, and for educational and productive ends, and the Construction Jihad while fully observing the criteria of Islamic justice and ensuring that such utilization does not harm the combat-readiness of the Army.

Article 148: No Personal Use

All forms of personal use of military vehicles, equipment, and other means, as well as taking advantage of Army and chauffeurs or bidden.

Article 149: Promotions

Promotions in military rank and their withdrawal take place in accordance with the law.

Article 150: Islamic Revolution Guards Corps

The Islamic Revolution Guards Corps, organized in the early days of the triumph of the Revolution, is to be maintained so that it may continue in its role of guarding the Revolution and its achievements. The scope of the duties of this Corps, and its areas of responsibility, in relation to the duties and areas of responsibility of the other Armed Forces, are to be determined by law with emphasis on brotherly cooperation and harmony among them.

Article 151: Military Training

In accordance with the noble Koranic verse: “Prepare against them whatever force you are able to muster, and horses ready for battle, striking fear into God’s enemy and your enemy, and others beyond them unknown to you but known to God…” [8:60], the government is obliged to provide a program of military training, with all requisite facilities, for all its citizens, in accordance with the Islamic criteria, in such
a way that all citizens will always be able to engage in the armed defense of the Islamic Republic of Iran. The possession of arms, however, requires the granting of permission by the competent authorities.

 

Chapter X: Foreign Policy

Article 152: Principles

The foreign policy of the Islamic Republic of Iran is based upon the rejection of all forms of domination, both the exertion of it and submission to it, the preservation of the independence of the country in all respects and its territorial integrity, the defense of the rights of all Muslims, nonalignment with respect to the hegemonistic superpowers, and the maintenance of mutually peaceful relations with all non-belligerent States.

Article 153: No Foreign Control

Any form of agreement resulting in foreign control over the natural resources, economy, army, or culture of the country, as well as other aspects of the national life, is forbidden.

Article 154: Independence, Support of Just Struggles

The Islamic Republic of Iran has as its ideal human felicity throughout human society, and considers the attainment of independence, freedom, and rule of justice and truth to be the right of all people of the world. Accordingly, while scrupulously refraining from all forms of interference in the internal affairs of other nations, it supports the just struggles of the freedom fighters against the oppressors in every corner of the globe.

Article 155: Asylum

The government of the Islamic Republic of Iran may grant political asylum to those who seek it unless they are regarded as traitors and saboteurs according to the laws of Iran.

Chapter XI: The Judiciary

Article 156: Status, Functions

The judiciary is an independent power, the protector of the rights of the individual and society, responsible for the implementation of justice, and entrusted with the following duties:

  1. investigating and passing judgement on grievances, violations of rights, and complaints; the resolution of litigation; the settling of disputes; and the taking of all necessary decisions and measures in probate matters as the law may determine;
  2. restoring public rights and promoting justice and legitimate freedoms;
  3.  supervising the proper enforcement of laws;
  4. uncovering crimes; prosecuting, punishing, and chastising criminals; and enacting the penalties and provisions of the Islamic penal code; and
  5. taking suitable measures to prevent the occurrence of crime and to reform criminals.
Article 157: Head of Judiciary

In order to fulfil the responsibilities of the judiciary power in all the matters concerning judiciary, administrative and executive areas, the Leader shall appoint a just honorable man well versed in judiciary affairs and possessing prudence and administrative abilities as the head of the judiciary power for a period of five years who shall be the highest judicial authority.

Article 158: Functions of the Head of Judiciary

The Head of Judiciary is responsible for the following:

  1. Establishment of structure necessary for the justice commensurate with mentioned under Article 156.
  2. Drafting judiciary bills appropriate for the Islamic Republic.
  3. Employment of just and worthy judges, their dismissal, appointment, transfer, assignment to particular duties, promotions, and carrying out similar administrative duties, in accordance with the law.
Article 159: Courts

The courts of justice are the official bodies to which all grievances and complaints are to be referred. The formation of courts and their jurisdiction is to be determined by law.

Article 160: Minister of Justice
  1. The Minister of Justice owes responsibility in all matters concerning the relationship between the judiciary on the one hand and the executive and legislative branches on the other hand. He will be elected from among the individuals proposed to the President by the head of the judiciary branch.

  2. The head of the judiciary may delegate full authority to the Minister of Justice in financial and administrative areas and for employment of personnel other than judges in which case the Minister of Justice shall have the same authority and responsibility as those possessed by the other Ministers in their capacity as the highest ranking government executives.
Article 161: Supreme Court

The Supreme Court is to be formed for the purpose of supervising the correct implementation of the laws by the courts, ensuring uniformity of judicial procedure, and fulfilling any other responsibilities assigned to it by law, on the basis of regulations to be established by the head of the judicial branch.

Article 162: Chief of the Supreme Court, Prosecutor-General

The Chief of the Supreme Court and the Prosecutor-General must both be just honorable men well versed in judicial matters. They will be nominated by the head of the judiciary branch for a period of five years, in consultation with the judges of the Supreme Court.

Article 163: Qualifications

The conditions and qualifications to be fulfilled by a judge will be determined by law, in accordance with religious criteria.

Article 164: Independence

A judge cannot be removed, whether temporarily or permanently, from the post he occupies except by trial and proof of his guilt, or in consequence of a violation entailing his dismissal. A judge cannot be transferred or redesignated without his consent, except in cases when the interest of society necessitates it, that too, with the decision of the head of the judiciary branch after consultation with the chief of the Supreme Court and the Prosecutor General. The periodic transfer and rotation of judges will be in accordance with general regulations to be laid down by law.

Article 165: Public Trials

Trials are to be held openly and members of the public may attend without any restriction unless the court determines that an open trial would be detrimental to public morality or discipline, or if in case of private disputes, both the parties request not to hold open hearing.

Article 166: Reasoned Verdicts

The verdicts of courts must be well reasoned out and documented with reference to the articles and principles of the law in accordance with which they are delivered.

Article 167: Rule of Law for Judiciary

The judge is bound to endeavor to judge each case on the basis of the codified law. In case of the absence of any such law, he has to deliver his judgement on the basis of authoritative Islamic sources and authentic fatawa. He, on the pretext of the silence of or deficiency of law in the matter, or its brevity or contradictory nature, cannot refrain from admitting and examining cases and delivering his judgement.

Article 168: Political and Press Offences

Political and press offenses will be tried openly and in the presence of a jury, in courts of justice. The manner of the selection of the jury, its powers, and the definition of political offenses, will be determined by law in accordance with the Islamic criteria.

Article 169: Nulla Poena Sine Lege

No act or omission may be regarded as a crime with retrospective effect on the basis of a law framed subsequently.

Article 170: Control of Regulations

Judges of courts are obliged to refrain from executing statutes and regulations of the government that are in conflict with the laws or the norms of Islam, or lie outside the competence of the executive power. Everyone has the right to demand the annulment of any such regulation from the Court of Administrative Justice.

Article 171: Liability of Judges

Whenever an individual suffers moral or material loss as the result of a default or error of the judge with respect to the subject matter of a case or the verdict delivered, or the application of a rule in a particular case, the defaulting judge must stand surety for the reparation of that loss in accordance with the Islamic criteria, if it be a case of default. Otherwise, losses will be compensated for by the State. In all such cases, the repute and good standing of the accused will be restored.

Article 172: Military Courts

Military courts will be established by law to investigate crimes committed in connection with military or security duties by members of the Army, the Gendarmerie, the police, and the Islamic Revolution Guards Corps. They will be tried in public courts, however, for common crimes or crimes committed while serving the department of justice in executive capacity. The office of military prosecutor and the military courts form part of the judiciary and are subject to the same principles that regulate the judiciary.

Article 173: Court of Administrative Justice

In order to investigate the complaints, grievances, and objections of the people with respect to government officials, organs, and statutes, a court will be established to be known as the Court of Administrative Justice under the supervision of the head of the judiciary branch. The jurisdiction, powers, and mode of operation of this court will be laid down by law.

Article 174: National General Inspectorate

In accordance with the right of the judiciary to supervise the proper conducting of affairs and the correct implementation of laws by the administrative organs of the government, an organization will be constituted under the supervision of the head of the judiciary branch to be known as the National General Inspectorate. The powers and duties of this organization will be determined by law.

Chapter XII: Radio and Television

Article 175: Freedom of Expression, Government Control
  1. The freedom of expression and dissemination of thoughts in the Radio and Television of the Islamic Republic of Iran must be guaranteed in keeping with the Islamic criteria and the best interests of the country.
  2. The appointment and dismissal of the head of the Radio and Television of the Islamic Republic of Iran rests with the Leader. A council consisting of two representatives each of the President, the head of the judiciary branch, and the Islamic Consultative Assembly shall supervise the functioning of this organization.
  3. The policies and the manner of managing the organization and its supervision will be determined by law.

Chapter XIII: Supreme Council for National Security

Article 176: Supreme Council for National Security
  1. In order to safeguarding the national interests and preserving the Islamic Revolution, the territorial integrity, and the national sovereignty, a Supreme Council for National Security presided over by the President shall be constituted to fulfil the following responsibilities: 1. Determining the defense and national security policies within the framework of general policies determined by the Leader; 2. coordination of activities in the areas relating to politics, intelligence, social, cultural and economic fields in regard to general defense and security policies; and 3. exploitation of materialistic and intellectual resources of the country for facing the internal and external threats.
  2.  The Council shall consist of:
    – the heads of three branches of the government,
    – the chief of the Supreme Command Council of the Armed Forces,
    – the officer in charge of the planning and budget affairs,
    – two representatives nominated by the Leader,
    – Ministers of foreign affairs, interior, and information,
    – a Minister related with the subject, and
    – the highest ranking officials from the Armed Forces and the Islamic Revolution’s
    Guards Corps.
  3. Commensurate with its duties, the Supreme Council for National Security shall form subcouncils such as Defense Subcouncil and National Security Subcouncil. Each subcouncil will be presided over by the President or a member of the Supreme Council for National Security appointed by the President.
  4. The scope of authority and responsibility of the subcouncils will be determined by law and their organizational structure will be approved by the Supreme Council for National Defense.
  5. The decisions of the Supreme Council for National Security shall be effective after the confirmation by the Leader

Chapter XIV: The Revision of the Constitution

Article 177: Revision by Council and Referendum
  1. The revision of the Constitution of the Islamic Republic of Iran, whenever needed by the circumstances, will be done in the following manner:
    The Leader issues an edict to the President after consultation with the Nation’s Exigency Council stipulating the amendments or additions to be made by the Council for Revision of the Constitution which consists of:
    1. Members of the Guardian Council;
    2. heads of the three branches of the government;
    3. permanent members of the Nation’s Exigency Council;
    4. five members from among the Assembly of Experts;
    5. ten representatives selected by the Leader;
    6. three representatives from the Council of Ministers;
    7. three representatives from the judiciary branch;
    8. ten representatives from among the members of the Islamic Consultative Assembly; and
    9. three representatives from among the university professors.

  2. The method of working, manner of selection and the terms and conditions of the Council shall be determined by law.

  3.  The decisions of the Council, after the confirmation and signatures of the Leader, shall be valid if approved by an absolute majority vote in a national referendum.

  4.  The provisions of Article 59 shall not apply to the referendum for the “Revision of the Constitution.”

  5.  The contents of the articles of the Constitution related to the Islamic character of the political system; the basis of all the rules and regulations according to Islamic criteria; the religious footing; the objectives of the Islamic Republic of Iran; the democratic character of the government; the holy principle; the Imamate of Ummah; and the administration of the affairs of the country based on national referenda, official religion of Iran and the religious school are unalterable

Application of The Death Penalty In Iran

Capital punishment is a state-sanctioned killing to deprive one of the right to life. It is vis a vis murder. Capital punishment might be administered by the natural persons. Capital punishment should not be carried out without court’s verdict, before following full judiciary due process, including formal criminal hearing procedure, and observing the rights of the accused. In the absence of observing hearing and court procedures and process, or the denial of the rights of the suspect (the accused), if the government sanctions death penalty and executes the sentence, this action is called “arbitrary” or “extrajudicial.” The difference between arbitrary execution and murder is that in the first situation, the government by taking advantage of its superiority, hegemony, and authorities vested in it, conspicuously deprives one of the right to life. While in the latter, the person or persons surreptitiously and secretly perpetrate the killing.

Capital punishment, in the laws of the Islamic Republic of Iran, is emanated from the Quran, Sunnah, Islamic laws and Shi’a jurisprudence resources. The death penalty falls under two types of punishments: a) hudud; b) ta’zir. In the case of hadd (singular of hudud, i.e., mandatory punishment–trans.), its quality and quantity are specified by God in the Quran. The judiciary officials and justices have no authorities to change it. Contrary to hadd, there are not any pre-mandated punishments in the case of ta’zir. The punishment is at the discretion and within the authorities of the Islamic government. For instance, death sentences on cases related to the armed conflict falls under hadd. While the death sentences related to drug trafficking falls under ta’zir.

The first time that capital punishment was included in the penal code was on Dey 23, 1304 after it was ratified. The amendment of which (Article 170) as the highest punishment on murder cases on Khordad 7, 1352. After the 57 revolution, the Majlis (the Islamic Consultative Assembly–trans.) ratified the Islamic penal code in 1362. It was to be implemented tentatively with a five-year probation period. Later in Mordad 1370, the same law including general provisions, hudud, qisas (lit: retaliation in kind–trans.), diyat (compensation paid to the heirs of a victim [blood money and ransom] –trans.) was passed by the judicial and legal commission of the Majlis. However, the final bill was ratified by the Expediency Discernment Council because there was a disagreement between Majlis representatives and the Guardian Council concerning this bill (the final ratification of any bill before enforcing it is by the Guardian Council. In case of an unresolved disagreement between Majlis and the Guardian Council, the Expediency Discernment Council arbitrates—trans.). In 1375, the laws of ta’zir and other deterrent punishments were added to the Islamic penal code. Its implementation was extended for another ten years. In Tir, 1383, the newspapers informed that drafting “the law for founding a national institution to defend the rights of citizens” has started. This draft included 8 chapters and 109 articles. According to Article 5 of this law, the death penalty was restricted to very exclusive cases of crimes in compliance with the irrevocable international rules of law.

Finally, to pass an inclusive and comprehensive law, in 1386, the judiciary branch prepared the Islamic penal code bill including the provisions, hudud, qisas, and diyat. The branch sent it to the government for approval. After government passed it, the bill was headed to the Majlis in Azar 1386. After many years of deliberations, the Majlis passed the bill forwarding it to the Guardian Council for final ratification in 1391. The Guardian Council sent it back to the Majlis with some comments to be addressed. Finally, in Dey 1392, the spokesperson for the Guardian Council informed of the final ratification of the law. The implicit elimination of stoning punishment and the obligation of the courts to issue a substitute punishment for the execution of juveniles under 18 years old were among the most important changes in the new law.

Iran wins one of the world highest records for the most executions. Therefore, the state is continuously condemned by the UN human rights Council and the General Assembly. A remarkable number of capital punishments are related to drug trafficking cases. These punishments are not derived from hadd. In 1396, to alleviate international pressures because of the high number of executions, the judiciary branch of the Islamic Republic of Iran decided to eliminate death penalty for the suspects of drug trafficking. Then, the Majlis, by amending the law of combatting drug trafficking, eliminated death penalty for the suspects of this crime other than for the kingpins of the drug bands and when there is an armed drug trafficking.

Crimes with Capital Punishment

According to the Islamic penal code, death penalty is issued in cases as follows: murder (Article 290), extramarital sex (Article 224 and Provision 3 of Article 132), sodomy (Article 234), intercrural sex (Provision of Article 236), repeating crimes which bear hadd more than three times (Article 136), sab al-Nabi (Article 262 [type of blasphemy, i.e., abusing and insulting the Prophet Mohammad–trans.]), theft after the fourth arrest (a paragraph of Article 278), muharebeh (Article 282 [hirab-lit: unlawful warfare or piracy but fig: waging war against God–trans.]), spreading corruption on earth (Article 286), and baghy (Article 287 [lit: trespass, but fig: riot or rebellion against the Imam or the Islamic ruler/government—trans.]).

Within Iran’s law, death penalty is sometimes issued using the very same term and sometimes under the term qisas. The implementation of both qisas and death penalty might technically be the same. But the biggest difference between the two lies in the very fact that in the case of qisas, the punishment for murder cases is forgivable, whereas the punishment for muharebeh, i.e., waging war against God is unforgiveable. For instance, if someone kills someone, and murder is proved in the court, he is sentenced to qisas. Qisas is of three types: the choice of which lies within the authority of the victim’s family and survivals. The first choice is to forgive the murderer and grant pardon; the second choice is to accept blood money (diya) from the murderer; the third choice is to deprive the murderer of the right to life (execution).

From the perspective of the criminal law and in the Islamic penal code, capital punishment is of three types:

1. Qisas Death Penalty: This type of punishment is carried out when there is a murder. It has specific features. The presence of the private plaintiff in this type of sentencing removes it from the realm of the international laws. The permission of the Supreme Leader and other factors are very influential in this type of punishment.

2. Hadd (mandatory) Death Penalty: Considering the definition of hadd by the Islamic jurists, one can define death penalty based on hadd as follows: It is a death penalty mandated by God and the Prophet Mohammad. One cannot reduce it to less than death. Death penalty based on hadd falls into the following categories:

A. Sexual Crimes including zena (extramarital sex and/or unlawful sexual intercourse): adultery, incest, rape, or sex of non-Muslims with a Muslim woman, and sodomy.
B. Crimes against Religion and Societal Security: It includes muharebeh, i.e., waging war against God and the Islamic state, and apostacy.
C. Repetition of Crimes: Such as repeating adultery for the fourth time which follows a death sentence.

3. Ta’zir (discretionary punishment) Death Penalty: It is a death penalty decided by the judge and/or a ruler. Majority of the Shi’a jurists believe that the principle is that ta’zir is beneath hadd. But under one of the following three circumstances: the expediency of the individual and the society, spreading corruption on earth, and forbidding the evil, discretionary (ta’zir) death penalty is permitted.

Crimes That Result in Death Penalty in Iran

Muharebeh and Baghy

In accordance with Article 186 of the Islamic penal code, “any organized group or association that perpetrates an armed resurrection, as long as the union remains existing; whereas all the advocates and followers are aware of the stance of the group or association or organization; and as long as they adhere to the goals and purposes of the group, that group is considered muhareb (person/s who wages war against God or the Islamic state) even if they are not part of the armed branch of the group.” As it is clearly specified in the article, all armed members of the group regardless of their status in the group; even if they did not perpetrate any armed activities are charged with muharebeh (waging war against God and the Islamic state). However, in 1392, with the amendment of this article in accordance with chapter 4, Article 130 of the Islamic penal code, the definition of muharebeh, and spreading corruption on earth extended and included the leader of any organized criminal band as well. The punishment for muhareb, or a person who spreads corruption on earth is capital punishment. In accordance with Article 279 of the Islamic penal code passed in 1392, muharebeh means drawing weapon, the punishment of which is death. However, if drawing weapon does not harm the security, it does not fit within the definition of muharebeh. In accordance with Article 282, there are 4 types of punishments for muhareb (perpetrator of such war): a) death penalty; b) crucifixion; c) amputation of the right hand and left foot; d) exile.

The bandits (highway thieves), burglars and smugglers who use weapon are considered muhareb. Hence, the same punishments are awaiting them. In accordance with Provision 1 of Article 114, muhareb’s repentance revokes execution if he whose punishment is execution repents before detention. In Article 287, baghy is defined as armed rebellion against the Islamic Republic of Iran. Its punishment is death sentence.

Baghy and Spreading Corruption on Earth

Article 286 of the Islamic penal code reads as follows: He who perpetrates crime against human body; crimes against domestic and/or foreign security of state; spreading lies; disrupting the economic order of the state; incineration and vandalism; spreading toxic, poisonous and dangerous germs, and materials; establishing or helping to launch brothel houses. Whereas these actions result in severe disruption in the public order of the state; insecurity and/or sustaining a major casualty and damage to one’s body, or private and public properties; or spreading moral corruption or prostitution in a wide range. The perpetrator of these actions is considered perpetrator of corruption on earth. Hence, he is sentenced to capital punishment.

Provision – Whenever the court citing available evidence and documents does not reach to the conclusion there was an intention to cause a widespread disruption in the public order; flaring insecurity; causing major damage and harm; and/or spreading moral corruption or prostitution; whenever the court does not infer that the perpetrator was aware of the impact of his actions; whenever the crime does not fall under another penal code; the perpetrator (taken into account the impact and the volume of the harm resulting from the crime), is sentenced to fifth-degree or six-degree discretionary punishment (ta’zir).

Article 287 of the Islamic penal code is as follows: Any group that perpetrates an armed resurrection against the Islamic Republic of Iran is considered baghy, i.e., an outlaw (one who exits the infallible Imam or his righteous representative–trans.). In the case of using arms, the members are sentenced to death penalty. Article 288 of the Islamic penal code is as follows: Whenever the members of a baghy, i.e., outlaw group are arrested before clashes and before drawing arms; whereas the organization and the union still exists, they are sentenced to the third-degree discretionary punishment (ta’zir). Whereas the union is destroyed, they are sentenced to the fifth-degree discretionary punishment (ta’zir).

Espionage

Article 63 – Anyone who verbally or in written communicates with a citizen of a hostile government; whereas that verbal or written communication does not embrace any of the crimes mentioned in the previous article; whereas this verbal or written communication includes information and interests that harm the military or political affairs of Iran; the perpetrator’s punishment is two to ten years of solitary confinement. Whereas the communication verbally or in written conveys espionage, the perpetrator’s punishment is death.

Sab al-Nabi (a type of blasphemy: abusing and insulting the Prophet Mohammad–trans.)

In chapter 5 of hudud, sab al Nabi is a crime founded by the new law. It is included in Article 262 against those who insult Mohammad (the Prophet of Islam), the prophets, Imams, Zahra (Mohammad’s daughter and Ali’s spouse). The punishment of which is death penalty.

Drug Crimes

After the foundation of the Islamic Republic of Iran (the 57 revolution), capital punishment, as the first law on combatting drugs trafficking, was ratified by the Majlis in 1359. The law addressed the following actions: poppy plantation if the action is repeated; importing and selling opium, heroin, morphine, cocaine, in any amount; keeping; hiding; carrying more than one kilogram of opium; and 5 grams of heroin, morphine and cocaine. In 1396, a step was taken with the intent of reducing the number of death penalties for the suspects of drug crimes. The plan was “adding an article to the law of combatting drug trafficking.” The death penalty, however, remained intact.

In Article 8– the amendment of combatting drug trafficking ratified in 1367– heavy sentences have been enacted for “importing; manufacturing; producing; distributing; exporting; delivering; selling and buying; making it available for sale; keeping; hiding or carrying” “heroin, morphine, cocaine, and other chemical derivatives from morphine and cocaine.” In compliance with the first amendment to Article 1 of combatting drug trafficking passed in 1396, the sentences are as follows:

Capital punishment and confiscation of the assets gained from the crimes related to psychedelic drugs (amphetamine, methamphetamine, … including DSL and crystal meth); whereas the amount is more than 2 kilograms. The confiscation of assets excludes a conventional livelihood for the convict’s family.

Of course, there are 5 contingencies on the execution of death penalty:

1. The accomplice or at least one of the partners in crime was armed during the crime action; or they were carrying a firearm or hunting rifle with the intent to fight against the officers.

2. He is the kingpin and leader of the band.

3. He is a financial supporter and/or a drug investor.

4. In the perpetration of crime, he has used children and teenagers under 18 years old and/or the insane people.

5. He has already been convicted to death penalty, life imprisonment, or more than 15 years in prison for perpetrating crimes related to drugs.

Death penalty is imposed for the maximum limit of 2 kilograms for the psychedelic drugs; of 3 kilograms for morphine and cocaine derivatives; of 50 kilograms for drugs with lower negative impact on the consumers (such as opium, hashish, marijuana, opium milk and opium residue and …).

Disrupting the Economic System of the State

Article 1 of the law is about the punishment of the disrupters of the economic system passed in 1369. The disruption in the state monetary and foreign exchange system; disruption in the distribution of the public staples; disruption in manufacturing system; any action with the intent of checking the cultural heritage or national wealth out of the country; accepting big funds as deposit form natural persons or legal persons under the pretext of mudarabah (profit and loss sharing also called PLS or “participatory” banking with venture capital–trans.); and actions with the similar nature which lead to misappropriation of the public property; or disruption in the economic system; and any organized and purposeful action to disrupt the exports of the country are defined as criminal actions. In accordance with Article 2 of the same law, if the perpetrator commits any of the afore-mentioned actions in Article 1, with the intent of harming the Islamic Republic system; or with the intent of fighting with the system; or with the knowledge that these actions are effective in fighting with the system; whereas his actions are to the extent of spreading corruption on earth, the perpetrators is sentenced to death. Otherwise, he is sentenced to prison between 5-20 years. In accordance with Provision 5, Article 2, none of the assumed punishments in this law are suspensible. Neither death penalty nor financial fines or deprivation and permanent suspension of public services are mitigated or reduced.

Homicide

The illegal killing of a person by another person is murder. Homicide is of two types: murder and manslaughter. 

Article 300 of the Islamic penal code, volume 3 on qisas is as follows: murder bears qisas punishment; hence death penalty. Whereas the victim dies, the execution of death penalty is carried out upon the request of the victim’s survivals. In accordance with Article 310, whereas a Muslim or Dhimmi or Mustaʾmin or Mu’ahid (historical terms for non-Muslims living permanently or temporarily in an Islamic state with legal protection–trans.) kills a non-Muslim, qisas (capital punishment) is not administered. In accordance with Article 91 of the Islamic penal code passed in 1392, capital punishment has been eliminated for the juveniles (under 18 years old). In charges that bear death penalty including murder, discretionary punishment is deliberated for the juveniles. The article says, “In crimes that bears hadd or qisas, whereas a juvenile under 18 years old does not comprehend the nature of the crime or its illegality; or whereas there is a doubt about their mental maturity; their sentence is deliberated based on the case and their age.

The provision of Article 306 is about the commission of crimes against unborn child: whereas there is a live birth; whereas the criminal action against child happened before the victim’s birth to the extent that it causes a birth defect or death after birth; or his birth defect remains; qisas is certain. Whereas the baby is live born and dies as the result of the commission of the crime; the perpetrator shall be sentenced to death penalty by the request of the baby’s survivals.

 Zena/Zina (Extramarital Sex)

Zena literally means the unlawful sexual intimacy with a woman out of wedlock. Technically, it means the sexual intercourse of a man with a woman; whereas the indecent intimacy is inherently haram (forbidden) for him, i.e., it is out of wedlock; an action which is not done by mistake; the woman is not his property (slave). Considering the viewpoints and interpretations of the Islamic jurists and legists, extramarital sex bears death penalty in four cases including “adultery; incest; rape or non-consensual sexual intercourse; and sex of a non-Muslim man with a Muslim woman.”

In volume two of the Islamic penal code, Article 224, extramarital sex lies within hadd punishment; It bears death penalty as in the following cases:

A: Incest.

B: Sex with stepmother that results in the execution of the zani, i.e., the man who initiated the act,

C: Rape or non-consensual sex that results in the execution of the zani, i.e., the man who initiated the act,

D: Sex of a non-Muslim man with a Muslim woman that results in the execution of the zani, i.e., the man who initiated the act.

The provision of Article 224 is as follows: whereas the woman is unconscious, asleep, or drunk; whereas a man does sex with her, without the woman’s consensus; the act is considered rape.

Sodomy and Intercrural Sex

Sodomy means a sexual relationship between two men, regardless of penetration occurs or not. There is a remarkable differentiation between these two situations in the fatwas of the Islamic jurists. In Tahrir al-Wasilah (a book by Ayatollah Khomeini as a commentary on a traditional theological text–trans.), sodomy is defined as the following: “the sexual intimacy of two men– whether via intercourse or other.” Whereas both men are mature; sane; and free, whereas the intimacy does not lead to penetration as in intercrural sex or other forms. Then the hadd (mandatory punishment is 100 lashes for both men, regardless of their marital status.”

Article 234 outlines the punishment for sodomy after defining it in Article 233 of the new Islamic penal code: “Hadd (mandatory punishment) for sodomy is death penalty for the top partner (person who penetrates—trans.); whereas it is a rape; non-consensual; or the man is married. Otherwise, he is sentenced to 100 lashes. The punishment for the bottom partner ([the one upon whom the penetration happens—trans.] regardless of his marital status), is death.”

In accordance with Provision 2 of Article114, whereas extramarital sex and sodomy are enforced, i.e., rape or non-consensual; whereas the perpetrator repents; his sentence—death penalty– is mitigated to the six-degree discretionary punishment in the form of either prison or lashes.

Repeating the Crime

In chapter six of the penal code passed in 1392, there is a clause about repeating the crime: whereas a person perpetrates a crime three times that results in a mandatory punishment, i.e., (hadd); whereas hadd is administered each time that the crime takes place; the sentence for the fourth time will be death, such as homosexuality between women (lesbian–Article 163 of the Islamic penal code). In Tir 1399, in Mashhad, a convict was sentenced to death penalty on the charge of “drinking alcohol for the sixth time.” He was executed on Tir 18, 1399 in the Mashhad central prison.

The Procedure of Administration of Death Penalty

Whereas a lower court sentences the convict to death; the case can be appealed in another court. Whereas the appellate court confirms the lower court’s verdict; the case is sent to the Supreme Court to deliberate on the procedure adopted to implement the hearing process.

Whereas the case is related to murder (qisas); the case is sent to the Supreme Leader for obtaining “permission (estizan).” Currently, the Supreme Leader of Iran is Ayatollah Ali Khamenei. After obtaining the permission, the case is sent to the head of the judiciary branch for the final approval. The judiciary branch is the official administrator of the sentences. Whereas the final approval is obtained; the verdict is sent to the office of administration of sentences.

Whereas the case is contingent on qisas; the victim’s survivals can decide to enforce the verdict or grant pardon to the convict; whereas death penalty is contingent on hadd or ta’zir; the convict can place an appeal of pardon. Whereas pardon is granted by the commission of amnesty and mitigation, the execution of the sentence halts. Otherwise, all the judiciary steps are finalized. The judiciary branch is committed to inform the convict’s lawyer, or in qisas cases the victim’s survivals and the defendant’s lawyer at least 48 hours before the execution of the verdict.

The Supreme Leader, the head of judiciary branch, or in cases that the law has asserted, any judiciary high-ranking officials can request an appeal during any time of the afore-mentioned phases. They can request a retrial and/or a new trial. Until the new trial convenes, the execution of the sentence will be halted.

 Death Penalty: Irreparable and Irrevocable

Human rights advocacy institutions believe because of the nature of death penalty, which is irreparable and irrevocable; especially when there is a doubt on the accused person’s charges, capital punishment should be excluded from the list of the available punishments.

In Ordibehesht 97, in Ardabil a prisoner named Babak Rezaei was executed on the charge of murder during an armed robbery. Two years later after his execution, in Aban 98, another prisoner confessed to murder and the armed robbery in this case. Babak Rezaei had denied the charges during his interrogation and in court hearings. However, he was coerced into a compulsory confession against himself during one of his interrogation sessions.

ent might be administered by the natural persons. Capital punishment should not be carried out without court’s verdict, before following full judiciary due process, including formal criminal hearing procedure, and observing the rights of the accused. In the absence of observing hearing and court procedures and process, or the denial of the rights of the suspect (the accused), if the government sanctions death penalty and executes the sentence, this action is called “arbitrary” or “extrajudicial.” The difference between arbitrary execution and murder is that in the first situation, the government by taking advantage of its superiority, hegemony, and authorities vested in it, conspicuously deprives one of the right to life. While in the latter, the person or persons surreptitiously and secretly perpetrate the killing.

Capital punishment, in the laws of the Islamic Republic of Iran, is emanated from the Quran, Sunnah, Islamic laws and Shi’a jurisprudence resources. The death penalty falls under two types of punishments: a) hudud; b) ta’zir. In the case of hadd (singular of hudud, i.e., mandatory punishment–trans.), its quality and quantity are specified by God in the Quran. The judiciary officials and justices have no authorities to change it. Contrary to hadd, there are not any pre-mandated punishments in the case of ta’zir. The punishment is at the discretion and within the authorities of the Islamic government. For instance, death sentences on cases related to the armed conflict falls under hadd. While the death sentences related to drug trafficking falls under ta’zir.

The first time that capital punishment was included in the penal code was on Dey 23, 1304 after it was ratified. The amendment of which (Article 170) as the highest punishment on murder cases on Khordad 7, 1352. After the 57 revolution, the Majlis (the Islamic Consultative Assembly–trans.) ratified the Islamic penal code in 1362. It was to be implemented tentatively with a five-year probation period. Later in Mordad 1370, the same law including general provisions, hudud, qisas (lit: retaliation in kind–trans.), diyat (compensation paid to the heirs of a victim [blood money and ransom] –trans.) was passed by the judicial and legal commission of the Majlis. However, the final bill was ratified by the Expediency Discernment Council because there was a disagreement between Majlis representatives and the Guardian Council concerning this bill (the final ratification of any bill before enforcing it is by the Guardian Council. In case of an unresolved disagreement between Majlis and the Guardian Council, the Expediency Discernment Council arbitrates—trans.). In 1375, the laws of ta’zir and other deterrent punishments were added to the Islamic penal code. Its implementation was extended for another ten years. In Tir, 1383, the newspapers informed that drafting “the law for founding a national institution to defend the rights of citizens” has started. This draft included 8 chapters and 109 articles. According to Article 5 of this law, the death penalty was restricted to very exclusive cases of crimes in compliance with the irrevocable international rules of law.

Finally, to pass an inclusive and comprehensive law, in 1386, the judiciary branch prepared the Islamic penal code bill including the provisions, hudud, qisas, and diyat. The branch sent it to the government for approval. After government passed it, the bill was headed to the Majlis in Azar 1386. After many years of deliberations, the Majlis passed the bill forwarding it to the Guardian Council for final ratification in 1391. The Guardian Council sent it back to the Majlis with some comments to be addressed. Finally, in Dey 1392, the spokesperson for the Guardian Council informed of the final ratification of the law. The implicit elimination of stoning punishment and the obligation of the courts to issue a substitute punishment for the execution of juveniles under 18 years old were among the most important changes in the new law.

Iran has one of the world highest records for the most executions. Therefore, the state is continuously condemned by the UN human rights Council and the General Assembly. A remarkable number of capital punishments are related to drug trafficking cases. These punishments are not derived from hadd. In 1396, to alleviate international pressures because of the high number of executions, the judiciary branch of the Islamic Republic of Iran decided to eliminate death penalty for the suspects of drug trafficking. Then, the Majlis, by amending the law of combatting drug trafficking, eliminated death penalty for the suspects of this crime other than for the kingpins of the drug bands and when there is an armed drug trafficking.

When utilizing the information provided in this report please reference Spreading Justice.