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Crime of adultery and stoning punishment in Iran’s new criminal code

 

Crime of adultery and stoning punishment in Iran’s new criminal code

Crime of adultery and stoning punishment in Iran’s new criminal code; skills of defense in Hodudcrimes

BY: Mohammad Mostafaei, director of Universal Tolerance Organization

Universal Tolerance – After long tension between Islamic parliament of Iran and council of guardian the criminal law bill was finally sanctioned by the parliament and council of guardian subsequently ratified it before it was published in Iran’s gazette for the enforcement. However, during the course sanctioning, many legal comments and critiques have been raised towards the newly sanctioned criminal law. The last but not least critic was about public publication of the law in the gazette where rather than publishing the law, the advertisement for selling the law book was announced which legally impedes the enforcement of the law, because according to civil code of Iran, new legal provisions must be fully published in Iran’s gazette and enter to force 15 days after being published, whereas the provisions of new criminal code have not been published officially as for today. Thus, it is not legally acceptable not to have the law published in gazette, but in some other place for other reasons which has not surely been the purpose of the legislator either. In addition to this issue which has made the enforcement of law more difficult, another important issue to be addressed here is the crime of adultery and punishment of stoning. Since stoning punishment has again been stipulated in the law by the legislator, we need to advance lawyers’ skill on how to defend clients who are punished to both stoning and death penalty. Distribution of information in this regard can also be a huge help to save lives of many who are convicted of adultery. Lies den Rest dieses Beitrags

Islamic Penal Code of the Islamic Republic of Iran – Book One & Book Two

Iran Human Rights Documentation Center

The Iran Human Rights Documentation Center (IHRDC) is pleased to release a comprehensive English translation of Book One and Book Two of the Islamic Penal Code of the Islamic Republic of Iran.

The translation incorporates all amendments to the Code up to January 2012 and covers matters such as, inter alia, the trial and punishment for sex crimes such as adultery and sodomy; the trial and punishment for consumption of alcohol and other intoxicating substances; the trial and punishment for moharebeh (warring against God) and efsad-e-fel-arz (corruption on Earth) and the trial and punishment for theft.

Book One -Preliminary

Chapter 1 – General Provisions

Chapter 2 -The Punishments and Security and Correction Measures

Section 1 -The Punishments and Security and Correction Measures

Section 2 -Mitigation of Punishment

Section 3 -Suspension of execution of punishment

Section 4 -Conditional release of prisoners

Chapter 3 -Offences

Section 1 -Attempting an offence

Section 2 -Associates and accomplices of an offence

Section 3 -Multiplicity of offences

Section 4 -Recurrence of crime

Chapter 4 -Scope of criminal liability

Book Two –Hudud  

Chapter 1 –Hadd punishment for Zina 

Section 1 -Definition and grounds of hadd punishment for zina

Section 2 -Procedure of proving adultery in the court

Section 3 -Different types of hadd punishment for zina

Section 4 -The procedure of execution of the hadd punishment

Chapter 2 –Hadd punishment for sodomy (livat)

Section 1 -Definition and reasons of hadd punishment for sodomy

Section 2 -Procedure of proving sodomy in the court

Chapter 3 –Musaheqeh [sex between women]

Chapter 4 –Procuring/Pandering

Chapter 5 –Qazf [false accusation of sexual offences]

Chapter 6 –Hadd punishment for [consumption of] intoxicants

Section 1 -Reasons of the hadd punishment for [consumption of] intoxicants

Section 2 -Conditions of the hadd punishment for [consumption of] intoxicants

Section 3-The procedure of execution of the hadd punishment

Section 4 -Conditions of nullification or pardon of the hadd punishment for [consumption of] intoxicants

Chapter 7 -Moharebeh and corruption on earth [efsad-e-fel-arz]

Section 1 -Definitions

Section 2 -Procedure of proving moharebeh and corruption on earth

Section 3 –Hadd punishment for moharebeh and corruption on earth

Chapter 8 –Hadd Punishment for theft

Section 1 -Definition and conditions

Section 2 -Procedure of proving theft

Section 3 -Conditions of execution of the hadd punishment

Section 4 -The hadd punishment for theft Lies den Rest dieses Beitrags

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