Islamic Penal Code of IRI

8/21/2019 Islamic Penal Code of IRI

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BOOK ONE- PRELIMINARY

Part One- General Articles

Chapter One- Definitions

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

Chapter Three- Scope of Application of Penal Laws According to TimeChapter Four- Legality of Crimes, Punishments and Criminal Procedures

Part Two- Punishments

Chapter One- ain Punishments

Chapter Two- Complementary and Conse!uential Punishments

Chapter Three- ethod of Determining and "#ecuting the Punishments

Chapter Four- itigation of, and "#emption from, Punishment

Chapter Fi$e- Postponement of Deli$erance of %udgment

Chapter Si#- Suspension of "#ecution of Punishment

Chapter Se$en- &egime of '(alf-release) *open prison+Chapter "ight- &egime of Conditional &elease

Chapter ine- Sustitute Punishments for .mprisonment

Chapter Ten- Punishment and Security and Correctional easures for Children and /oung People

Chapter "le$en- Cessation of Punishment

Section One- Pardon

Section Two- &epeal of the law

Section Three- Forgi$eness y complainant

Section Four- Lapse of time

Section Fi$e- &epentance of the offender Section Si#- Application of principle of Dar’a

Part Three- Offenses

Chapter One- Attempt to Commit an Offense

Chapter Two- Accomplices to the Offense

Chapter Three- Accessories to the Offense

Chapter Four- Leading a 0ang of Organi1ed Criminals

Chapter Fi$e- ultiplicity of Offenses

Chapter Si#- &eoffending

Part our- !on"itions an" O#stacles of !riminal Res$onsi#ilit%

Chapter One- Conditions of Criminal &esponsiility

Chapter Two- Ostacles of Criminal &esponsiility

Part i&e- E&i"ence Rules in !riminal !ases

Chapter One- 0eneral Articles

Chapter Two- Confession

Chapter Three- Testimony

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Chapter Four- Oath

Chapter Fi$e- 2nowledge of the %udge

Part 'i(- Miscellaneous Issues

BOOK T)O * +,,

Part One- General ArticlesPart Two- Offenses Punisha#le #% Hadd

Chapter One- Zina

Chapter Two- Li$at, Taf3hi1, and usahe!eh

Chapter Three- Procuring4Pandering

Chapter Four- 5a1f *false accusation of se#ual offenses+

Chapter Fi$e- Sabb-e nabi 6Swearing at the Prophet7

Chapter Si#- Consumption of .nto#icants

Chapter Se$en- Theft

Chapter "ight- MoharebehChapter ine- Baqy 6&eellion7 and Efsad-e-fel-arz 6Corruption on "arth7

BOOK ONE- PRELIMINARY

Part One- General Articles

!ha$ter One- efinitions

Article .- The .slamic Penal Code consists of crimes and punishments of hudud , qisas, diyat ,ta’zirat ,

the security and correctional measures, re!uirements and arriers of criminal responsiility and the

rules that apply to them8

Article /- Any conduct, including action or omission, for which punishment is pro$ided y law,

constitutes an offense8

!ha$ter Two- 'co$e of A$$lication of Penal Laws Accor"in0 to Place

Article 1- .ran)s criminal laws shall apply to all persons who commit a crime within the territorial,

maritime and aerial 9urisdiction of the .slamic &epulic of .ran, unless otherwise pro$ided y law8

Article 2- :hen part of an offense or its result occurred inside .ranian territory, the offense shall e

deemed as ha$ing een committed inside the .slamic &epulic of .ran8

Article 3- Any .ranian or non-.ranian person who commits one of the following offenses, or offenses

prescried in specific laws, outside .ran)s 9urisdiction, shall e tried and punished in accordance with

the laws of the .slamic &epulic of .ran; and when prosecution of these crimes outside of .ran ha$e

resulted in legal con$iction and the punishment is carried out, the .ranian court, when determining

the ta)1ir punishments, shall consider the amount of punishment which is carried out<

6a7 Acting against the regime, and the internal and e#ternal security, and territorial integrity or the

independence of the .slamic &epulic of .ran8

67 Forging a stamp, signature, decree, order, or handwriting of the Leader or using them8

6c7 Forging the official stamp, signature, decree, order, or handwriting of the President, (ead of

%udiciary, Chairperson and emers of .slamic Consultati$e Assemly *Parliament+, Chairperson of

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"#perts Assemly, (ead of Supreme Court, Attorney 0eneral, emers of 0uardian Council,

Chairperson and emers of "#pediency Discernment Council of &egime, any of the inisters or

=ice Presidents, or using them8

6d7 Forging decisions or writs issued y 9udicial authorities or other legal odies, or using them8

6e7 Counterfeiting .ranian current an3notes or the an3s) inding documents, and also forgingtreasury ills, onds issued or guaranteed y go$ernment, or counterfeiting coins and distriuting

counterfeit current domestic coins8

Article 4- Offenses committed y .ranian or non-.ranian employees of the 0o$ernment of the .slamic

&epulic of .ran outside .ranian territory in relation to their office and duties, as well as any offense

committed y .ranian diplomats and consulate agents and other dependants of the .ranian

0o$ernment that en9oy diplomatic immunity, shall e dealt with in accordance with the laws of the

.slamic &epulic of .ran8

Article 5- .n addition to the cases mentioned in the articles ao$e, any .ranian national who commits

a crime outside .ran and is found in, or e#tradited to, .ran shall e prosecuted and punished inaccordance with the laws of the .slamic &epulic of .ran, pro$ided that<

6a7 The committed conduct is deemed an offense under the law of the .slamic &epulic of .ran8

67 .f the committed crime is punishale y ta)1ir, the accused person is not tried and ac!uitted in

the place of the commission of the crime, or in the case of con$iction the punishment is not, wholly

or partly, carried out against him8

6c7 According to .ranian laws there is no asis for remo$al or discontinuation of prosecution or

discontinuation or cancellation of e#ecution of the punishment8

Article 6- :hen a non-.ranian person outside .ran commits a crime other than those mentioned in

pre$ious articles against an .ranian person or the .ranian State and is found in, or e#tradited to, .ran,

his crime shall e dealt with in accordance with the criminal laws of the .slamic &epulic of .ran,

pro$ided that<

6a7 .n the case of crimes punishale y ta)1ir, the accused person is not tried and ac!uitted in the

place of commission of the crime, or in the case of con$iction, the punishment is not, wholly or partly,

carried out against him8

67 .n the case of crimes punishale y ta)1ir, the committed conduct is deemed an offense under

the law of the .slamic &epulic of .ran and the law of the place of the commission8

Article 7- Perpetrator of the offenses, which, according to a special law or international Con$entions

and laws shall e prosecuted in the country that he is found, if arrested in .ran shall e prosecuted

and punished in accordance with the laws of the .slamic &epulic of .ran8

!ha$ter Three- 'co$e of A$$lication of Penal Laws Accor"in0 to Time

Article .8- .n go$ernmental regulations and arrangements, punishment and security and correction

measures must e 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 punishale y the law passed

suse!uently8 (owe$er, if, after the offense is committed, a law is passed which pro$ides mitigation


4/83

or aolition of the punishment or security and correction measures or is fa$orale to the perpetrator

in some other way, it is applicale to the offenses committed prior to the passage of the law until the

final 9udgment is issued8 .n cases where a final inding 9udgment is issued under a pre$ious law,

action shall e ta3en according to the following procedure<

6a7 .n case the conduct, which was an offense in the past, is not considered as an offense under asuse!uent law, the final 9udgment shall not e e#ecuted, and if it is in the process of e#ecution, it

shall e suspended; and in these cases, and also in cases where the 9udgment has already een

e#ecuted, there shall e no criminal conse!uences8

67 .n case the punishment of an offense is reduced under a suse!uent law, the enforcement

9udge is oliged, efore, or during, the e#ecution, to as3 the court which has issued the final

9udgment to correct it according the suse!uent law8 The con$ict, too, may apply for the

commutation of the punishment from the issuing court8 The issuing court, considering the

suse!uent law, shall reduce the pre$ious punishment8 The same rules mentioned in this paragraph

shall e applicale on security and correction measures imposed on minor offenders8 .n such cases,the natural or 9udicial guardian of *the minor offender+, too, can apply for the commutation of the

security and correction measures8

ote- >nless otherwise stipulated y the suse!uent law, the ao$e mentioned pro$isions shall not

e applicale on laws adopted for a specific period or specific cases8

Article ..- The following laws shall e gi$en immediate effect towards the crimes committed prior to

the adoption of the law<

6a7 Laws relating to 9udicial structure and 9urisdiction

67 Laws relating to e$idence efore the 9udgment is e#ecuted

6c7 Laws relating to 9udicial procedures

6d7 Laws relating to 'lapse of time)

ote- .f in the case of paragraph 6a7 ao$e, a final 9udgment has een issued, the case shall e sent

to the court which has issued the final 9udgment to e re$iewed8

!ha$ter our- Le0alit% of crimes9 $unishments an" criminal $roce"ures

Article ./- .mposing and e#ecuting a punishment or security and correctional measures shall e

carried out y a competent court and in accordance with the law and su9ect to conditions and

re!uirements specified in the law8

Article .1- .mposing and e#ecuting a punishment or security and correctional measures shall not

reach the limit and conditions specified in the law or the 9udgment; and any loss or damage, if

caused delierately or negligently shall e followed y criminal and ci$il liaility accordingly;

otherwise, the loss shall e reco$ered from the pulic treasury8

Part Two- Punishments

!ha$ter One- Main Punishments

Article .2- Punishments pro$ided in this law are di$ided into four categories<

6a7 Hadd


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67 Qisas

6c7 Diya

6d7 Ta’zir

ote- .f causality etween a legal person)s conduct and a loss is estalished, diya and damages can

e claimed8 .mposing ta)1ir punishments against legal persons shall e in accordance with article ?@8Article .3- Hadd is a punishment for which the grounds for, type, amount and conditions of

e#ecution are specified in holy Shari)a8

Article .4- Qisas is the main punishment for intentional odily crimes against life, lims, and ailities

which shall e applied in accordance with oo3 One of this law8

Article .5- Diya, whether fi#ed or unfi#ed, is monetary amount under holy Shari)a which is

determined y law and shall e paid for unintentional odily crimes against life, lims and ailities or

for intentional crimes when for whate$er reason qisas is not applicale8

Article .6- Ta)1ir is a punishment which does not fall under the categories of hadd , qisas, or diyaand

is determined y law for commission of prohiited acts under Shari)a or $iolation of state rules8 Thetype, amount, conditions of e#ecution as well as mitigation, suspension, cancellation and other

rele$ant rules of ta)1ir crimes shall e determined y law8 .n ma3ing decisions in ta)1ir crimes, while

complying with legal rules, the court shall consider the following issues<

6a7 The offender)s moti$ation and his4her mental and psychological conditions when committed the

crime

67 ethod of committing the crime, e#tent of a reach of duty and its harmful conse!uences

6c7 Conduct of the offender after committing the crime

6d7 The offender)s personal, family, and social ac3ground and the effect of the ta)1ir punishment on

him4her

Article .7- Ta)1ir punishments are di$ided into eight degrees<

First Degree

B .mprisonment for o$er twenty-fi$e years

B Fine of more than one illion 6,@@@,@@@,@@@7 &ials

B Confiscation of whole assets

B Dissolution of the legal person

Second Degree

B .mprisonment from fifteen to twenty-fi$e years

B Fine from fi$e hundred and fifty million 6@,@@@,@@@7 &ials to one illion 6,@@@,@@@,@@@7 &ials

Third Degree

B .mprisonment from ten to fifteen years

B Fine from three hundred and si#ty million 6E@,@@@,@@@7 &ials to fifty-fi$e million 6@,@@@,@@@7

&ials

Fourth Degree

B .mprisonment from fi$e to ten years


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B Fine from one hundred and eighty million 6G@,@@@,@@@7 &ials to three hundred and si#ty million

6E@,@@@,@@@7 &ials

Fifth Degree

B .mprisonment from two to fi$e years

B Fine from eighty million 6G@,@@@,@@@7 &ials to one hundred eighty million 6G@,@@@,@@@7 &ialsB Depri$ation from social rights from fi$e to fifteen years

B Permanent an from one or more professional or social acti$ity 6acti$ities7 for legal persons

B Permanent an from pulic in$itation to increase the capital for legal persons

Si#th Degree

B .mprisonment from si# months to two years

B Fine from twenty million 6?@,@@@,@@@7 &ials to eighty million 6G@,@@@,@@@7 &ials

B Flogging from thirty-one to se$enty-four lashes and up to ninety-nine lashes in indecent crimes

B Depri$ation from social rights from si# months to fi$e years

B Pulication of the final 9udgment in the mediaB an from one or more professional or social acti$ity 6acti$ities7 for legal persons for up to fi$e

years

B an from pulic in$itation to increase the capital for legal persons for up to fi$e years

B an from drawing some commercial ills y legal persons for up to fi$e years

Se$enth Degree

B .mprisonment from ninety-one days to si# months

B Fine from ten million 6@,@@@,@@@7 &ials to twenty 6?@,@@@,@@@7 million &ials

B Flogging from ele$en to thirty lashes

B Depri$ation from social rights up to si# months

"ighth Degree

B .mprisonment up to three months

B Fine up to ten million 6@,@@@,@@@7 &ials

B Flogging up to ten lashes

ote - The cases of depri$ation of social rights are the same as referred to under conse!uential

punishments8

ote ?- Any punishment for which its minimum amount does not fit into any one of the

ao$ementioned degrees and its ma#imum fits into a higher degree shall e regarded as the higher

degree8

ote E- .n the e$ent of multiplicity of the punishments, the most se$ere punishment, and, if it is not

possile to determine the most se$ere punishment, the length of the imprisonment, shall e the

determining factor8 Also, if a punishment does not fit into any of the ao$ementioned eight sections,

it shall e regarded as se$enth degree8

ote H- The sections of this article and its notes are only aimed to classify the punishments and shall

ha$e no effect on the minimum and ma#imum of the punishments pro$ided in the current laws8


7/83

ote - Confiscation of the property and the o9ects that are used, or aimed to use, as the

instrument of committing the offense, shall fall outside of this article and paragraph 67 of article ?@

and shall e dealt with in accordance with article ? of this law8 .n any e$ent that an order of

confiscation of properties is issued, reasonale li$ing costs of the con$ict and their dependants must

e e#cluded from confiscation8Article /8- .f a legal person is held responsile under article HE of this law, considering the se$erity

of the crime and its harmful conse!uences, it shall e sentenced to one or two of the following,

although this shall not pre$ent punishing the natural person<

6a7 Dissolution of the legal person

67 Confiscation of all properties

6c7 an from one or more social or professional acti$ity 6acti$ities7 permanently or for up to fi$e

years

6d7 an from pulic in$itation to increase the capital for legal persons permanently or for up to fi$e

years6e7 an from drawing some commercial ills for up to fi$e years

6f7 Fine

6g7 Pulication of the con$icting 9udgment in the media

ote- The punishment pro$ided in this article shall not e applied on go$ernmental odies or pulic

or non-go$ernmental entities that implement the state administration8

Article /.- The fine applicale on legal persons shall e from two times up to four times of the

amount pro$ided y law for committing the same price y natural persons8

Article //- Dissolution of a legal person and confiscation of its properties shall e gi$en when it has

een estalished to commit a crime or if it has changed its direction e#clusi$ely towards committing

crimes despite its initial lawful goals8

!ha$ter Two- !om$lementar% an" !onse:uential Punishments

Article /1- Considering the re!uirements pro$ided in this law and proportionate to the committed

crime and character of the offender, the court can sentence a person who has een sentenced

tohadd , qisas, or ta’zir punishments from si#th to first degree, to one or more punishment6s7 from the

following complementary punishments<

6a7 Compulsory residence in a specified place

67 an from residing in 6a7 specified place6s7

6c7 an from holding a specified profession, career or 9o

6d7 Dismissal from go$ernmental and pulic offices

6e7 an from dri$ing or operating motor $ehicles

6f7 an from ha$ing a chec3oo3 or drawing commercial ills

6g7 an from carrying a gun

6h7 an from lea$ing the country for .ranian citi1ens

6i7 Deportation of foreign nationals


8/83

697 Pro$iding pulic ser$ices

637 an from memership of political or social parties and groups

6l7 Sei1ure of the means for commission of the offense or the media or organi1ation in$ol$ed in

commission of the offense

6m7 Compulsory learning of a specified profession, career, or 9o6n7 Compulsory education

6o7 Pulication of the final 9udgment

ote - The complementary punishment shall not e#ceed more than two years unless otherwise

pro$ided y law8

ote ?- .f the complementary punishment and main punishment are of the same type, only the main

punishment shall e gi$en8

ote E- The regulations of the conditions of e#ecution of complementary punishments shall e

prepared y the inister of %ustice and appro$ed y the (ead of %udiciary within si# months after

this law is enforceale8Article /2- .f the con$ict does not comply with the content of the 9udgment during the period of

e#ecution of the complementary punishment, the trial court, upon the proposal of the 9udge in charge

of e#ecution of 9udgments, 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 se$enth or eighth degree8 .n addition, after half of the period of the

complementary punishment is passed, upon the proposal of the 9udge in charge of e#ecution of the

9udgment and pro$ided that there is confidence that the con$ict is corrected and will not repeat the

crime, the court can remo$e or reduce the period of his complementary punishment8

Article /3- Final criminal con$iction of intentional crimes after the sentence was e#ecuted or

su9ected to lapse of time, shall depri$e the con$ict from social rights as a conse!uential punishment

during the period pro$ided in this article<

6a7 Se$en years from the date the e#ecution of the main punishment is stopped, in the case of

sentences of depri$ation of life and life imprisonments

67 Three years in the case of sentences of lim amputation, qisas of lim if the diya of the suffered

in9ury e#ceeds half of the $ictim)s diya, anishment, and imprisonment of the fourth degree

6c7 Two years in the case of sentences of hadd flogging, qisas of lim if the diya of the suffered

in9ury is half or less than half of the $ictim)s diya, and imprisonment of the fifth degree

ote - .n cases other than those mentioned ao$e, the con$iction shall e recorded in the con$ict)s

criminal record ut shall not e reflected in the certificates issued y the relati$e authorities unless

re!uested y 9udicial odies in order to determine or re$iew the sentence8

ote ?- .n the case of forgi$ale crimes, if the e#ecution of the sentence is discontinued ecause of

forgi$eness y the complainant or pri$ate claimant, the conse!uential effects shall e remo$ed as

well8


9/83

ote E- .n the case of pardon and conditional release, the conse!uential effects shall e remo$ed

after the passage of the ao$ementioned periods from the date of pardon or the end of conditional

release8 The con$ict shall e depri$ed from social rights during the period of conditional release as

well as during the e#ecution of the sentence8

Article /4- Social rights referred to in this law are<6a7 &ight to ecome a candidate in the elections for Presidency, Assemly of "#perts of the

Leadership, .slamic Consultati$e Assemly 6a9lis7, and City and =illages Councils

67 emership in the 0uardian Council and "#pediency Discernment Council or the Cainet and

eing appointed as the Deputy of the President

6c7 To ecome the (ead of %udiciary, Pulic Prosecutor of the State, President of the Supreme

Court, President of the Court of Administrati$e %ustice

6d7 emership in all societies, councils, parties, and associations either through pulic elections or

y $irtue of law

6e7 emership in 9uries and oards of trustees and &econciliation Councils6f7 (olding an editorial or super$isory 9o in pulic media

6g7 To e employed in all state odies, including the three ranches of power and their dependant

companies and institutes, .slamic &epulic of .ran roadcasting, armed forces and other organs

under the super$ision of the Leader, municipalities, pulic ser$ices institutes, and departments that

their names should e stipulated in order to e included in the law

6h7 To ecome and function as an attorney at law and manager, and assistant, of a notary pulic

and marriage and di$orce registry offices

6i7 To e elected as a guardian, trustee, administrator, o$erseer, or operator of pulic endowments

697 To e elected as an aritrator and e#pert in official odies

637 To use state medals and medallions and honorary titles

6l7 To estalish, manage, or memership, in the oard of directors of go$ernmental, cooperati$e,

and pri$ate companies or to register a commercial name or an educational, research, cultural or

scientific institute

ote - .f ser$ants of state departments ha$e een depri$ed of social rights, whether as a main or

complementary or conse!uential punishment, shall e suspended from the ser$ice for the period

pro$ided in the 9udgment or law, whiche$er is the case8

ote ?- Anyone who has een depri$ed of social rights as a conse!uential punishment, shall e

rehailitated after the lapse of the periods pro$ided in article 6?7 of this law and the conse!uential

effects shall e remo$ed unless in the cases of paragraphs 6a7, 67, and 6c7 of this article in which

cases the depri$ation is permanent8

!ha$ter Three- Metho" of eterminin0 an" E(ecutin0 the Punishments

Article /5- The period of imprisonment starts from the day on which the con$ict is imprisoned in

accordance with a final and enforceale 9udgment8 .f the indi$idual, due to charge6s7 rought against

him in the case, has een detained efore the 9udgment was issued, the time he has spent in


10/83

detention shall e calculated in the sentence8 .f the sentence gi$en in the 9udgment is a ta)1ir

flogging or a fine, e$ery day in detention shall e *calculated+ as three lashes or three hundred

thousand 6E@@,@@@7 &ials8 .f the punishment*s+ are multiple, they shall e calculated in order, first the

imprisonment, then the flogging and then the fine8

Article /6- All the amounts of money referred to in this law and other laws including fines, shall emodified e$ery three years upon the proposal of the inister of %ustice and adoption of the Cainet,

according to the rate of inflation announced y the Central an3; and it shall e enforceale on the

9udgments that will e issued afterwards8

Article /7- :hen a detention which is alternati$e to a fine is together with an imprisonment, such

alternati$e detention shall e started from the date the imprisonment ends; it shall not e#ceed the

ma#imum imprisonment pro$ided for the same crime, and an alternati$e detention to a fine shall not

e#ceed three years in any e$ent8

Article 18- A an from holding a specified profession, career or 9o shall re!uire re$ocation of the

license of the same profession, career or 9o, pro$ided that the crime is committed as a result of*that+ profession, career or 9o or if it has facilitated the commission of the crime8

Article 1.- A an from dri$ing and operating motor $ehicles shall re!uire re$ocation of the dri$ing

license and an from a new application8

Article 1/- A an from drawing chec3s shall re!uire nullification of the lan3 chec3s of the

chec3oo3 and loc3ing of the current account and an from new application for opening a current

account8

Article 11- A an from carrying a permitted gun shall re!uire re$ocation of the permission of carrying

a gun and also sei1ure of the gun8

Article 12- A an from lea$ing the country for .ranian citi1ens shall re!uire re$ocation of the passport

and an from a new application8

Article 13- Temporary or permanent deportation of condemned foreign nationals shall e carried out

after the sentence is e#ecuted and in accordance with the court)s decision8

Article 14- Court 9udgments regarding the final con$iction of hadd crimes of moharebeh andefsad-e

fel-arz , or ta)1ir crimes of up to the fourth degree, and also fraud of more than one illion

6,@@@,@@@,@@@7 &ials, if not considered against the pulic order or security, shall e pulici1ed once

in a local newspaper8

ote- Pulication of a 9udgment of a final con$iction is mandatory in the following crimes in which the

su9ect of the crime is $alued at one illion 6,@@@,@@@,@@@7 &ials or more; and it shall e pulici1ed

in the national roadcasting or one of the widely circulated newspapers<

6a7 Paying and recei$ing a rie

67 "me11lement

6c7 >nlawful and undue influence in cases where the offender or a third party has gained property

from the offense


11/83

6d7 .nter$ention of inisters and emers of Parliament and ci$il ser$ants in go$ernmental and

state contracts

6e7 Conspiracy in go$ernmental contracts

6f7 &ecei$ing commission4percentage for foreign contracts

6g7 .nfringements of ci$il ser$ants against the go$ernment6h7 Customs offenses

6i7 Traffic3ing of goods and foreign e#changes

697 Ta# offenses

637 oney laundering

6l7 Disruption of economic order of the country

6m7 >nlawful possession of pulic or state properties

!ha$ter our- Miti0ation of9 an" e(em$tion from9 Punishment

Article 15- .f there is one, or more, mitigating factor6s7, the court may mitigate or replace the ta)1ir

punishment as e#plained elow in a way which is in the interest of the accused<6a7 &educing the imprisonment period from one to three degree6s7

67 &eplacing the confiscation of properties with a fine of the first to fourth degree

6c7 &eplacing the permanent dismissal to temporary suspension from fi$e to fifteen years

6d7 &educing one or two degrees of the same or other types of punishments for other ta)1ir

punishments

Article 16- itigating factors are<

6a7 Forgi$eness y complainant or pri$ate claimant

67 "ffecti$e cooperation of the accused in recognition of accomplices and accessories to the

offense and in finding the proceeds of the offense or disco$ering the properties and goods resulted

from, or the means used in commission of, the offense

6c7 Specific circumstances under the influence of which the accused has committed the offense;

such as< inflammatory conduct or tal3 of the $ictim or honorale moti$e for committing the offense

6d7 Statement of the accused prior to prosecution, or his4her effecti$e confession during

in$estigation and prosecution

6e7 &egret, good reputation or specific condition of the accused such as his4her age or illness

6f7 "fforts y the accused in order to reduce the effects of the offense and his4her measures to

compensate the loss resulting from it

6g7 :hen the loss imposed to the $ictim of the offense or the conse!uences of the offense are

slight

6h7 Slight contriution of accomplice or accessory to the offense in commission of the offense

ote -The court must stipulate the mitigating factors in its 9udgment8

ote ? -.f the same mitigating factors as mentioned in this article are pro$ided in specific articles, the

court may not mitigate the punishment again for the same mitigating factors8


12/83

Article 17- .n ta)1ir crimes of the se$enth and eighth degree, when mitigating factors are recogni1ed,

if the court finds the accused guilty ut elie$es that the offender will e corrected e$en without

e#ecution of the punishment, pro$ided that s4he has no effecti$e criminal record and the complainant

has forgi$en the offender and the losses are already compensated or appropriate measures are

ta3en to compensate the loss, the court may decide to e#empt the offender from punishment8!ha$ter i&e- Post$onement of eli&erance of ;u"0ment

Article 28- .n ta)1ir offenses of the si#th to eighth degree, after the accused is found guilty, the court,

su9ect to the following conditions and considering his4her personal, family, and social conditions and

ac3grounds and the circumstances that resulted in commission of the offense, may postpone the

deli$erance of the 9udgment from si# to two years<

6a7 "#istence of mitigating factors

67 Foreseeale correction of the offender

6c7 Compensation of, or ta3ing appropriate measures to compensate, the loss

6d7 Lac3 of effecti$e criminal recordote- An effecti$e con$iction is a con$iction that depri$es the con$ict from social rights following the

e#ecution of the sentence in accordance with article ? of this law8

Article 2.- Postponement *of deli$erance of the 9udgment+ has two forms< simple and super$ised8

6a7 .n simple postponement, the offender shall promise in writing that in the period determined y

the court, s4he will not commit any crime, and it is elie$ed from his4her eha$ior that s4he will not

commit any crime in the future too8

67 .n super$ised postponement, in addition to the conditions mentioned for simple postponement,

the offender promises to comply with and e#ecute the orders and measures set y the court during

the period of postponement8

ote - The court cannot issue the warrant of postponement of deli$erance of 9udgment in asentia8

ote ?- .f the accused is in custody, the court, after issuing the warrant of postponement of

deli$erance of 9udgment, shall immediately order his4her release8 .n such cases the court can otain

an appropriate guarantee8 .n any e$ent, howe$er, otaining the guarantee shall not result in

detention of the offender8

Article 2/- .n super$ised postponement the following measures shall e ta3en<

6a7 On-time attendance at the time and place determined y the 9udicial authority or the super$isory

social wor3er8

67 Pro$iding the re!uired information and documents in order to facilitate the super$ision of the

social wor3er o$er the compliance of the con$ict with his4her oligations

6c7 Declaring any change of 9o, residence, or relocation within fifteen days and pro$iding the

report to the social wor3er

6d7 Application to the 9udicial authority for permission for tra$elling aroad

ote- The ao$ementioned measures can e accompanied y the court with some supporti$e

measures such as referral of the offender to support organi1ations8


13/83

Article 21- .n super$ised postponement, the court, while considering the offense committed and

characteristics of the offender and conditions of his4her life, can re!uire the offender to carry out one

or more of the following orders during the period of postponement, pro$ided that this will not

significantly and hugely disrupt his4her own, and his4her family)s, life<

6a7 Learning or holding a specific profession or 9o67 &esidence or non-residence in a specific place

6c7 Treatment of an illness or rehailitation of an addiction

6d7 Payment of nafaqa 6allowance7 to those re!uired y law

6e7 &efraining from operating all or some motor $ehicles

6f7 &efraining from professional acti$ity relating to the offense committed or using the means of the

offense

6g7 &efraining from contacting and associating with accomplices and accessories to the offense or

other people such as the $ictim of the offense at the discretion of the court

6h7 Attending 6a7 special program6s7 for training and learning asic s3ills for life or participating intraining, ethical, religious, educational or sport classes

Article 22- .f the offender commits a hadd or qisas crime or intentional crimes punishale

y diyaor ta’zir of up to the se$enth degree during the period of postponement, then the court shall

cancel the warrant of postponement and deli$er the 9udgment of con$iction8 .n 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 deli$er the 9udgment of con$iction8

ote- :hen the warrant of postponement is canceled and 9udgment of con$iction deli$ered, then it is

foridden to issue a writ of suspension of e#ecution of punishment8

Article 23- After the period of postponement ends, considering the le$el of the offender)s compliance

with the court orders, reports of the social wor3er and ta3ing into account the conditions of the

offender, the court shall either sentence or e#empt the offender from punishment8

!ha$ter 'i(- 'us$ension of E(ecution of Punishment

Article 24- .n ta)1ir crimes of the third to eighth degree, the court can suspend e#ecution of all or

part of the punishment from one to fi$e years, su9ect to the *same+ re!uirements pro$ided for

postponement of deli$erance of 9udgment8 Also, the pulic prosecutor or 9udge in charge of

e#ecution of criminal 9udgments, after e#ecution of one third of the punishment, can as3 the court to

suspend *e#ecution of the punishment+8 Also, the con$ict, after spending one third of the punishment,

su9ect to legal re!uirements, can re!uest suspension through the Pulic Prosecutor or Prosecutor

in charge of e#ecution of criminal 9udgments8

Article 25- Deli$erance of 9udgment and e#ecution of punishment shall not e postponed or

suspended in the following offenses and attempts to commit them<

6a7 Offenses against the domestic and foreign security of the country, destruction of water,

electricity, gas, oil, and telecommunication facilities8

67 Organi1ed crimes, armed roery or roery that in$ol$es assault, aduction, and acid attac3


14/83

6c7 Flaunting strength and disturing people y resorting to 3ni$es or any other weapon, offenses

against pulic chastity, the estalishment or management of places for corruption and prostitution

6d7 Large-scale smuggling of narcotic or psychedelic drugs, alcoholic e$erages, guns and

ammunition, and human traffic3ing

6e7 Ta)1ir punishments alternati$e to qisas of life, accessory to murder, moharebeh andefsad-e fel-arz

6f7 "conomic offenses if the su9ect of the crime is $alued o$er one hundred million 6,@@@,@@@7

&ials

Article 26- Suspension of e#ecution of 9udgment, su9ect to the *same+ pro$isions pro$ided for

postponement of deli$erance of 9udgment, can ta3e two forms< simple and super$ised8

Article 27- :rit of suspension of e#ecution of punishment shall e issued y the court within the

9udgment of con$iction or after that8 Anyone, whose e#ecution of punishment has een wholly

suspended, if s4he is in custody, shall e released immediately8

Article 38- .f a con$ict whose punishment has een suspended, without a reasonale e#cuse doesnot comply with the court orders during the period of suspension, the court of the final 9udgment,

upon the proposal of the pulic prosecutor or the 9udge in charge of e#ecution of 9udgments, can add

one to two years to the period of suspension or cancel the writ of suspension for the first time8 on-

compliance with the court orders for the second time shall result in cancellation of the writ of

suspension and e#ecution of the punishment8

Article 3.- Suspension of e#ecution of punishment shall ha$e no effect on the rights of the pri$ate

claimant and the decision re!uiring payment of damages or diya shall e e#ecuted in such cases8

Article 3/- .f the con$ict does not commit any intentional offense punishale y hadd , qisas, diya, or

ta)1ir of up to the se$enth degree, then the suspended punishment shall e ineffecti$e8

Article 31- .f part of the punishment, or one of the punishments, gi$en in the 9udgment is suspended,

the period of suspension shall egin from the date the e#ecution of the un-suspended punishment

ends8

ote- .n cases where, according to administrati$e and employment laws, a criminal record results in

dismissal, in the case of suspension, a suspended con$iction shall not result in dismissal, unless

*otherwise+ stipulated in the law or if the writ of suspension is cancelled8

Article 32- :hen the con$ict commits any of the intentional offenses punishale y hadd , qisas,diya,

or ta)1ir of up to the se$enth degree during the period from issuance of the warrant to the end of the

period of suspension, after the recent 9udgment ecomes final the court shall cancel the writ of

suspension and issue an order of e#ecution of the suspended con$iction and also inform the court

that had issued the warrant of suspension8 :hile issuing the warrant of suspension, the court shall

e#plicitly declare to the con$ict that if s4he commits any of the ao$ementioned offenses during the

suspension period, in addition to the punishment of the recent offense, the suspended punishment,

too, will e e#ecuted on him8


15/83

Article 33- .f, after issuing the warrant of suspension, the court finds out that the con$ict had an

effecti$e criminal record or other final con$ictions among which there had een a suspended

con$iction, and the punishment has een suspended without ta3ing it into account, then the court

shall cancel the warrant of suspension8 Also if the pulic prosecutor, or the 9udge in charge of

e#ecution of 9udgments, ecomes aware of the ao$ementioned cases, they are oliged to as3 thecourt to cancel the suspension of the punishment8 This article shall also apply to cases of

postponement of deli$erance of 9udgment8

!ha$ter 'e&en- Re0ime of o$en $rison?

Article 34- The regime of half-release *open prison+ is a method according to which the con$ict can

pursue his4her professional and educational acti$ities, training, treatment, and the li3e outside of

prison while ser$ing the imprisonment sentence8 These acti$ities shall e super$ised y the Centers

of (alf-release which shall e estalished in the Organi1ation of Prisons and Security and

Correctional easures8

Article 35- .n ta)1ir imprisonments of the fifth to se$enth degree, su9ect to forgi$eness of thecomplainant and pledging an appropriate guarantee and promising to pursue a $ocational,

professional, or educational acti$ity or contriuting in continuity of the family life, or treating an

addiction or illness which are effecti$e in the process of rehailitation *of the con$ict+ or

compensation of the $ictim, the court of final 9udgment can put the con$ict, with his4her consent,

under the regime of half-release8 Additionally, the con$ict can re!uest the order of half-release while

ser$ing his sentence, pro$ided that s4he meets the legal re!uirements and the court is oliged to

consider the re!uest8

!ha$ter Ei0ht- Re0ime of !on"itional Release

Article 36- .n cases of con$ictions to ta)1ir imprisonment, upon the proposal of the pulic prosecutor

or the 9udge in charge of e#ecution of 9udgments, and su9ect to the following conditions, the

deciding court can issue the order of conditional release for con$icts sentenced to more than ten

years) imprisonment after half of the sentence is ser$ed, and in other cases after one-third of the

sentence is ser$ed<

6a7 The con$ict constantly shows good eha$ior whilst ser$ing his4her sentence8

67 From the conditions and eha$iors of the con$ict, it is predicted that s4he will not commit any

offense after eing released8

6c7 The court can confirm that the con$ict has compensated, or has arranged to e paid, the loss or

damage contained in the 9udgment or agreed upon y the pri$ate claimant8

6d7 The con$ict has not pre$iously used conditional release8

Lapse of the ao$ementioned periods as well the conditions mentioned in paragraphs 6a7 and 67 of

this article, after eing reported y the warden of the prison shall e appro$ed y the 9udge in charge

of e#ecution of 9udgments8 The 9udge in charge of e#ecution of 9udgments is oliged to consider the

prescried periods as well as condition of the prisoner and chec3s whether the re!uirements are

met, in which case he must sumit the proposal for conditional release to the court8


16/83

Article 37- The period of conditional release shall e the same as the remaining duration of the

sentence; howe$er, the court can change its duration8 .n any e$ent it cannot e less than one year

and more than fi$e years; unless, where the remaining sentence is less than one year, in which case

the period of the conditional release shall e the same as the remaining duration of the sentence8

Article 48- Considering the circumstances in which the crime has een committed and the con$ict)spsychological conditions and character, the court can re!uire the con$ict to comply with the *same+

orders pro$ided in the *chapter of+ postponement of deli$erance of 9udgment during the conditional

release term8 The court, in its 9udgment, shall state and inform the con$ict aout the said

re!uirements and the conse!uences of non-compliance with them and also the conse!uences of

committing a new offense8

Article 4.- .f the con$ict, without a reasonale e#cuse, does not comply with the orders of the court

during the conditional release term, for the first occasion one to two years shall e added to the

conditional release term8 .f *non compliance with orders+ is repeated or in the case of commission of

an intentional offense punishale y hadd , qisas, diya, or ta’zir of up to the se$enth degree, then, inaddition to the punishment for the new crime, the remaining duration of the *original+ sentence shall

e e#ecuted; otherwise, his4her release shall ecome unconditional8

Article 4/- .n ta)1ir offenses of the fifth to eighth degree, su9ect to the *same+ conditions pro$ided

for super$ised postponement *of deli$erance of 9udgment+, the court, with the con$ict)s consent, can

put the con$ict under the super$ision of electronic systems inside a specific area8

ote- .f re!uired, the court can put the con$ict su9ect to super$ised orders or the orders pro$ided

for super$ised postponement *of deli$erance of 9udgment+8

Article 41- The rele$ant e#ecuti$e regulation on the regimes of half-release and conditional release

shall e prepared y the Organi1ation of Prisons and Security and Correctional easures and

adopted y the (ead of %udiciary within si# months from when this law comes into force8

!ha$ter Nine- 'u#stitute Punishments for Im$risonment

Article 42- Sustitute punishments for imprisonment include< super$ised period, unpaid pulic

ser$ice, fine, daily fine, and depri$ation of social rights, which shall e gi$en su9ect to forgi$eness of

the complainant and e#istence of mitigating factors and ta3ing into account the type of the offense

and the circumstances in which the crime was committed and its conse!uences, and the con$ict)s

age, s3ills, conditions, character and records, and also conditions of the $ictim and other

circumstances and conditions8

ote- The court, in its 9udgment, shall stipulate the compatiility and proportionality of the gi$en

sentence with the re!uirements and conditions pro$ided in this article8 The court cannot gi$e more

than two of the sustitute punishments8

Article 43- Perpetrators of intentional offenses, whose punishments as prescried y the law range

from ninety-one days to si# months) imprisonment, shall e sentenced to sustitute punishments

instead of imprisonment; unless they ha$e a criminal record in the fi$e years prior as e#plained

elow


17/83

6a7 ore than one account of final con$iction to up to si# months) imprisonment or a fine of more

than ten million 6@,@@@,@@@7 &ials or a ta)1ir flogging

67 One account of final con$iction to more than si# months) imprisonment or

a hadd or qisas punishment or payment of more than one fifth of *a full+ diya

Article 45- The court can sentence offenders of intentional offenses whose punishment asprescried y the law is from si# months to one year)s imprisonment, to sustitute punishments;

*howe$er+ if the conditions of article of this law e#ist then gi$ing sustitute punishments for

imprisonment shall e prohiited8

Article 46- Offenders of unintentional offenses must e sentenced to sustitute punishments for

imprisonment; unless, the punishment pro$ided in law for the crime committed is more than two

years) imprisonment, in which case it is at the discretion *of the court+ to gi$e a sustitute punishment

for imprisonment8

Article 47- Offenders of the offenses that the type or amount of their ta)1ir punishment is not

specified in statutory laws shall e sentenced to sustitute punishments for imprisonment8Article 58- The court, when determining the sustitute punishment for the imprisonment, shall

determine the term of imprisonment as well, in order to e e#ecuted in case the sustitute

punishment ecomes impossile to e#ecute or if *the offender+ does not comply with the court orders

or is unale to pay the fine8

Article 5.- Application of sustitute punishments of imprisonment is prohiited for crimes against the

domestic or foreign security of the country8

Article 5/- ultiplicity of intentional offenses for which punishment of at least one of them as

prescried y the law is more than si# months) imprisonment shall pre$ent gi$ing a sustitute

punishment for imprisonment8

Article 51- .n the case of intentional offenses, for which punishment as prescried y the law is

more than one year)s imprisonment, if the punishment is mitigated to less than one year, the court

cannot gi$e a sustitute punishment for the imprisonment8

Article 52- The pro$isions of this chapter shall not e applicale on final 9udgments that are

deli$ered efore this law comes into force8

Article 53- The fact that an imprisonment sentence is accompanied y other punishments, shall not

pre$ent a sustitute punishment for imprisonment from eing gi$en8 .n such cases the court can

sentence *the offender+ to the aforementioned punishments along with the sustitute punishment for

imprisonment8

Article 54- The deciding factor on 9urisdiction of the court and appeal against the 9udgment of

con$iction to a sustitute punishment for imprisonment shall e the *original+ punishment as

prescried y law8

Article 55- Considering the condition of the con$ict and circumstances and conse!uences of

e#ecution of the 9udgment, the 9udge in charge of e#ecution of 9udgments can propose aggra$ation,

mitigation, alteration, or temporary suspension of the punishment gi$en to the issuing court8 The


18/83

ao$ementioned 9udge shall e assisted y a sufficient numer of social wor3ers and super$ising

officers8

Article 56- The con$ict, during the term of his4her con$iction shall report any changes such as

change of 9o and place of residence which may disrupt e#ecution of the 9udgment to the 9udge in

charge of e#ecution of 9udgments8Article 57- The types of pulic ser$ices and the go$ernmental and pulic organi1ations and

departments that can recei$e *such ser$ices from+ con$icts and the process of their cooperation with

the 9udge in charge of e#ecution of 9udgments and the con$ict, shall e determined in accordance

with the regulations that shall e prepared y the inistries of .nterior Affairs and %ustice within three

months after this law comes into force, and after appro$al y the (ead of %udiciary, are then adopted

y the Cainet8 Pro$ision of this chapter shall e enforceale after the regulations referred to in this

article are adopted8

Article 68- .f the con$ict)s compliance with the 9udgment shows his4her correction, the court, upon

the proposal of the 9udge in charge of e#ecution of 9udgments, *only+ for one time, can reduce therest of the sentence up to a half8

Article 6.- .f the con$ict infringes the 9udgment or court orders, upon the proposal of the 9udge in

charge of e#ecution of 9udgments and decision of the court, on the first occasion from one-!uarter to

a half shall e added to the sentence gi$en, and if repeated, the imprisonment sentence shall e

e#ecuted8

ote- The court, in its 9udgment, shall e#plicitly stipulate and inform the con$ict aout the

conse!uences of compliance and infringement of the 9udgment8 .n addition, the 9udge in charge of

e#ecution of 9udgments, while the sentence is eing e#ecuted, and su9ect to the content of the

9udgment and rele$ant pro$isions, shall determine the method of super$ision and control of the

$ictim8

Article 6/- .f e#ecution of sustitute punishments for imprisonment, wholly or partly, ecomes

prolematic, the sentence gi$en, or the un-e#ecuted part of it, shall e e#ecuted after the ostacle is

remo$ed8 .f the ostacle is caused y a delierate eha$ior of the con$ict in order to stop the

e#ecution of the sentence, then the original sentence shall e e#ecuted8

Article 61- The super$ised period is a period during which the con$ict shall e ordered, according to

the 9udgment of the court and under super$ision of the 9udge in charge of e#ecution of 9udgments, to

carry out one or more of the *same+ orders pro$ided *earlier+ for super$ised suspension as e#plained

elow<

6a7 .n the case of offenses which their punishment prescried y law is ma#imum three months)

imprisonment, up to si# months

67 .n the case of offenses which their punishment prescried y law is from ninety one days to si#

months) imprisonment as well as offenses that the type or amount of their ta)1ir punishment is not

specified in statutory laws, from si# months to one year


19/83

6c7 .n the case of offenses which their punishment prescried y law is from si# months to one

year)s *imprisonment+, from one to two years

6d7 .n the case of unintentional offenses which their punishment prescried y law is more than

one year)s *imprisonment+, from two to four years

Article 62- >npaid pulic ser$ices are those ser$ices that, with the consent of the con$ict, shall egi$en in the 9udgment as e#plained elow and shall e e#ecuted under the super$ision of the 9udge

in charge of e#ecution of 9udgments<

6a7 Offenses mentioned in paragraph 6a7 of article GE, up to two hundred and se$enty hours

67 Offenses mentioned in paragraph 67 of article GE, from two hundred and se$enty to fi$e

hundred and forty hours

6c7 Offenses mentioned in paragraph 6c7 of article GE, from fi$e hundred and forty to one thousand

and eighty hours

6d7 Offenses mentioned in paragraph 6d7 of article GE, from one thousand and eighty to two

thousand and one hundred and si#ty hoursote - (ours of pro$iding pulic ser$ices shall not e#ceed four hours a day for employed people

and eight hours a day for unemployed people8 .n any e$ent, pro$iding the ser$ices during the day

time shall not disrupt the con$ict from earning a reasonale li$ing8

ote ?- The order of pro$iding pulic ser$ices shall e su9ect to all legal regulations and pro$isions

relating to the same ser$ice including the conditions for the wor3 of women and young people, safety

and hygiene standards, and regulations for hard and harmful 9os8

ote E- The court cannot order more than one pulic ser$ice pro$ided in the regulations referred to

in this chapter8 .n any e$ent, in the case that the con$ict does not consent to pro$ide pulic ser$ices,

the original sentence shall e gi$en8

ote H- Considering the physical condition and needs of medical ser$ices or family-related e#cuses

and the li3e, the 9udge in charge of e#ecution of 9udgments can temporarily suspend the pulic

ser$ices up to three months within the period or propose to the issuing court to replace it with

another sustitute punishment8

Article 63- Daily fine is defined as one-eighth to one-!uarter of the daily income of the con$ict which

shall e gi$en as e#plained elow and shall e recei$ed under the super$ision of *the 9udge in

charge of+ the e#ecution of 9udgments<

6a7 Offenses mentioned in paragraph 6a7 of article GE, up to one hundred and eighty days

67 Offenses mentioned in paragraph 67 of article GE, from one hundred and eighty to three

hundred and si#ty days

6c7 Offenses mentioned in paragraph 6c7 of article GE, from three hundred and si#ty days to se$en

hundred and twenty days

6d7 Offenses mentioned in paragraph 6d7 of article GE, from se$en hundred and twenty days to one

thousand and four hundred and forty days


20/83

ote- The con$ict is oliged to pay the daily fines of each month within ten days after the end of the

month8

Article 64- The amount of fine sustitute to imprisonment is as follows<

6a7 Offenses mentioned in paragraph 6a7 of article GE, up to nine million 6I,@@@,@@@7 &ials

67 Offenses mentioned in paragraph 67 of article GE, from nine million 6I,@@@,@@@7 &ials toeighteen million 6G,@@@,@@@7 &ials

6c7 Offenses mentioned in paragraph 6c7 of article GE, from eighteen million 6G,@@@,@@@7 &ials to

thirty-si# million 6E,@@@,@@@7 &ials

6d7 Offenses mentioned in paragraph 6d7 of article GE, from thirty-si# million 6E,@@@,@@@7 &ials to

se$enty-two million 6J?,@@@,@@@7 &ials

Article 65- The court while gi$ing a sustitute punishment for the imprisonment can sentence the

con$ict to one or more of the conse!uential or supplementary punishments ta3ing into account the

offense committed and condition of the con$ict8 .n this case, such sentences shall not e#ceed two

years8!ha$ter Ten- Punishment an" 'ecurit% an" !orrectional Measures for !hil"ren an" Youn0

Peo$le

Article 66- The court shall ma3e one of the following decisions, whiche$er is more appropriate,

aout the children and young people who ha$e committed ta)1ir offenses whose age at the time of

commission is etween nine to fifteen years according to the solar calendar<

6a7 (anding o$er to parents or natural or legal guardians while ta3ing promises to correct and

educate the child or youth and ta3ing care of their good eha$ior

ote- :hen the court finds it in the est interest *of the child+, it can ta3e promises from the persons

mentioned in this paragraph to ta3e measures such as the following and report the result to the court

in a specified time<

- &eferral of the child or youth to a social wor3er or psychologist or other specialists and

cooperation with them

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

s3ill

E- &e!uired measures in order to treat or rehailitate the addiction of the child or youth under the

super$ision of a doctor

H- anning the child or youth from the harmful association with and contacting *specific+ people at

the discretion of the court

- anning the child or youth from going to specific places

67 (anding o$er to other natural or legal persons that the court finds to e in the est interest of

the child or youth y ordering the measures mentioned in paragraph 6a7 where, considering article

JE of the Ci$il Code, the parents or natural or legal guardians of the child or youth or not

competent or a$ailale

ote- (anding the child to competent people is su9ect to their acceptance8


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6c7 Ad$ising *the child or youth+ y the 9udge

6d7 Cautioning and warning or ta3ing a written promise not to commit an offense again

6e7 Detention in the Correction and &ehailitation Center from three months to one year in the

case of ta)1ir offenses of the first to fifth degree

ote - Decisions mentioned in paragraphs 6d7 and 6e7 shall only e applicale on a child or youthetween twel$e and fifteen years8 .n the case of commission of ta)1ir crimes of the first to fifth

degree, application of pro$isions of paragraph 6e7 shall e mandatory8

ote ?- .f a child who has not ecome mature commits any of offenses punishale y hadd or qisas,

if s4he is from twel$e to fifteen years of age, s4he shall e sentenced to one of the measures

pro$ided in paragraphs 6d7 or 6e7; otherwise, one of the measures pro$ided in paragraphs 6a7 to 6c7

of this article shall e applicale8

ote E- .n respect of the measures mentioned in paragraphs 6a7 and 67 of this article, the Children

and /outh Court, ta3ing into account the in$estigations made and also the reports of social wor3ers

aout the condition of the child or youth and his4her eha$ior, can re$iew its decision as many timesas the est interest of the child or youth re!uires8

Article 67- The following punishments shall e gi$en to young people who commit ta)1ir crimes and

they are etween fifteen to eighteen years of age at the time of commission of the crime<

6a7 Detention in Correction and &ehailitation Center from two to fi$e years in the case of offenses

punishale in law y a ta)1ir punishment of the first to third degree8

67 Detention in Correction and &ehailitation Center from one to three years in the case of

offenses punishale in law y a ta)1ir punishment of the fourth degree8

6c7 Detention in Correction and &ehailitation Center from three months to one year or a fine of ten

million 6@,@@@,@@@7 &ials to forty million 6H@,@@@,@@@7 &ials or pro$iding one hundred and eighty to

se$en hundred and twenty hours of unpaid pulic ser$ices in the case of offenses punishale in law

y a ta)1ir punishment of the fifth degree8

6d7 A fine of one million 6,@@@,@@@7 &ials to ten million 6@,@@@,@@@7 &ials or pro$iding si#ty to one

hundred and eighty hours of unpaid pulic ser$ices in the case of offenses punishale in law y a

ta)1ir punishment of the si#th degree8

6e7 A fine of up to one million 6,@@@,@@@7 &ials in the case of offenses punishale in law y a ta)1ir

punishment of the se$enth and eighth degree8

ote - (ours of pro$iding pulic ser$ices shall not e#ceed four hours a day8

ote ?- Considering the accused person)s condition and the crime committed, the court, at its

discretion, instead of sentencing him4her to detention or a fine prescried in paragraphs 6a7 to 6c7 of

this article, can order the offender to stay at home in specific hours determined y the court or

detention in the Correction and &ehailitation Center in the wee3end for three months to fi$e years8

Article 78- The court can re$iew its decision for once according to the reports recei$ed aout the

condition of the child or youth and his4her eha$ior in Correction and &ehailitation Center and may

reduce the detention term up to one-third or replace the detention with handing o$er the child or


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youth to his4her natural or legal guardians8 The court)s decision to re$iew *the original decision+ shall

e made if the child or youth has spent at least one-fifth of the detention term in Correction and

&ehailitation Center8 The court)s decision in these cases is deemed final; *howe$er+ this shall not

pre$ent *him4her+ en9oying conditional release and other mitigations prescried in the law, when their

re!uirements are met8Article 7.- .n the cases of offenses punishale y hadd or qisas, if mature people under eighteen

years do not reali1e the nature of the crime committed or its prohiition, or of there is uncertainty

aout their full mental de$elopment, according to their age, they shall e sentenced to the

punishments prescried in this chapter8

ote- The court may as3 the opinion of forensic medicine or resort to any other method that it sees

appropriate in order to estalish the full mental de$elopment8

Article 7/- .n the case of offenses punishale y diya any payment of other types of financial

damages, the Children and /oung People Court shall ma3e decisions according to the pro$ision

relating to diya and damages8Article 71- .f it recogni1es mitigating factors, the court can reduce the punishments up to half of the

minimum punishment pro$ided and replace security and correctional measures for children and

young people with another measure8

Article 72- .n the case of all ta)1ir crimes committed y young people, the court can postpone the

deli$erance of the 9udgment or suspend the e#ecution of the punishment8

Article 73- Criminal con$ictions of children and young offenders shall ha$e no effect in criminal

records8

!ha$ter Ele&en- !essation of Punishment

'ection One- Par"on

Article 74- Pardon or mitigation of punishment of con$icts, in accordance with .slamic principles, is

upon the proposal of the (ead of %udiciary and appro$al of the Leader8

Article 75- 0eneral pardon, which is gi$en in accordance with the law in the cases of ta)1ir crimes,

shall cease prosecution and trial8 .f the 9udgment of con$iction is deli$ered, e#ecution of punishment

shall e ceased and the criminal records shall e cleared8

Article 76- Pardon shall remo$e all the effects of the con$iction howe$er it has no effect on payment

of diya and compensation of damages of to the $ictim8

'ection Two- Re$eal of the law

Article 77- &epeal of the law shall cease prosecution and e#ecution of punishment8 "ffects of repeal

of criminal laws are as e#plained in article @ of this law8

'ection Three- or0i&eness #% com$lainant

Article .88- .n forgi$ale ta)1ir offenses, forgi$eness y the complainant or pri$ate claimant shall

result in cease of prosecution or cease of e#ecution, whiche$er is applicale8


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ote - Forgi$ale offenses are offenses for which the start and continuity of prosecution and trial

and e#ecution of the punishment is su9ect to ma3ing a complaint y the complainant and non-

forgi$eness y him4her8

ote ?- on-forgi$ale offenses are offenses in which the complaint y the complainant and his4her

forgi$eness has no effect in the start of prosecution and trial and their continuity and e#ecution of thepunishment8

ote E- Pro$isions relating to forgi$eness y the complainant in the cases of qisas of life and

lim,hadd punishment of qazf , and hadd punishment of theft, are the same as prescried in oo3s

Two 6Hudud 7 and Three 6Qisas7 of this law8 Forgi$eness of the complainant in other hadd offenses

has no effect in cessation or mitigation of the punishment8

Article .8.- Forgi$eness must e incontro$ertile, and a conditional and suspended forgi$eness

shall not e considered unless the condition or the su9ect of suspension is materiali1ed8

Furthermore, repudiation from the forgi$eness is not allowed8

ote - A conditional and suspended forgi$eness shall not pre$ent the prosecution, trial anddeli$ering the decision; howe$er, e#ecution of the punishment in the case of forgi$ale offenses shall

e su9ect to non-materiali1ation of the condition or su9ect to suspension8 .n this case, the accused

shall e released on an appropriate warrant8

ote ?- Forgi$eness y an occasional guardian shall e appro$ed y the pulic prosecutor8

Article .8/- .f there are multiple $ictims of an offense, the criminal prosecution shall commence

upon complaint of each one of them; ut, cessation of prosecution, trial and e#ecution of punishment

is su9ect to forgi$eness of all complainants8

ote- The right to forgi$eness is inherited y the heirs of the $ictims of the offense8 .n case of

forgi$eness y all heirs, the prosecution, trial and e#ecution of punishment, whiche$er is applicale,

shall e ceased8

Article .81- .f an offense is not e#pressly stated in the law as forgi$ale, it shall e deemed as

unforgi$eale; unless it is categori1ed as haq-ul-naas 6claim of people7 and is forgi$ale under

Shari)a8

Article .82- .n addition to ta)1ir offenses mentioned in the oo3 of Diyat and Chapter of 5a1f of this

law, and the offenses that are specified as forgi$ale under specific laws, the crimes mentioned in

the latter parts of articles I, @G, ??, E?, H?, HG, G, I, J, JJ, JI, G?, GH, G, I@,

I?, IH, IJ, IG, II, and J@@ of the Fifth oo3 of KTa)1irat shall e deemed as forgi$ale8

'ection our- La$se of time

Article .83- Lapse of time shall cease prosecution of the following ta)1ir offenses only if the

prosecution has not een commenced from the date of the commission of the offense until the

following fi#ed times, or if since the last prosecutorial or in$estigati$e action until the following fi#ed

times, it has not resulted in deli$erance of the final 9udgment<

6a7 Ta)1ir offenses of the first to three degree, after a lapse of fifteen years

67 Ta)1ir offenses of the fourth degree, after a lapse of ten years


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6c7 Ta)1ir offenses of the fifth degree, after a lapse of se$en years

6d7 Ta)1ir offenses of the si#th degree, after a lapse of fi$e years

6e7 Ta)1ir offenses of the se$enth and eighth degrees, after a lapse of three years

ote - A prosecutorial or in$estigatory action is an action ta3en y 9udicial authorities in performing

a legal duty such as summoning, arresting, interrogating, hearing testimonies of witnesses and thosewith information *aout the offense+, local in$estigating or e#amining the place and 9udicial

authori1ation8

ote ?- .n the case of issuing a warrant of dependence, the lapse of time shall e commenced from

the date on which the decision the prosecution depends on ecomes final8

Article .84- .n the case of forgi$ale ta)1ir offenses, if the $ictim of the offense does not ma3e a

complaint after one year from the date s4he has ecome aware of the offense, his4her right to ma3e

a criminal complaint shall e ended unless s4he has een under domination of the accused or if for

any reason out of his4her control has not een ale to ma3e the complaint, in which case the

ao$ementioned

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Islamic Penal Code of IRI

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