Grounds for the Extinction of Punishment

Grounds for the Extinction of Punishment

In certain circumstances, the prosecution and punishment of offenders may be terminated due to specific legal reasons. In such cases, the law allows for the suspension of prosecution or the non-enforcement of punishment. This text examines the legal grounds for extinguishing punishment under the Iranian Penal Code.

Statutory Grounds for the Extinction of Punishment Under the Islamic Penal Code

• Pardon: Pardon is one of the grounds for the extinction of punishment and is divided into general pardon and special pardon.
• General Pardon: A general pardon is granted by law through the legislative authority, namely the Islamic Consultative Assembly. General pardons are typically issued following political or social crises or revolutions and apply to discretionary offenses. Although a general pardon does not affect the obligation to pay blood money or compensate the injured party, it removes all criminal consequences of the conviction. If a general pardon law is enacted while prosecution is ongoing, the court must issue an order terminating the prosecution.
• Special Pardon: A special pardon, also known as a leadership pardon, is granted when the Head of the Judiciary proposes pardoning certain offenders on national or religious occasions, and the Supreme Leader approves it. Unlike a general pardon, which may apply to both accused persons and convicted individuals, a special pardon applies only to those whose convictions have become final. This type of pardon results in the extinction of punishments other than retaliation and fixed punishments, which require specific conditions for extinction. A special pardon does not remove a criminal record or eliminate civil or disciplinary liability.

Crimes Not Subject to Pardon

Crimes such as professional trafficking of weapons, ammunition, and narcotics, espionage, armed robbery, retaliation, armed rebellion, rape, forced adultery, bribery, embezzlement, kidnapping, and offenses subject to fixed punishments of execution or stoning, where proven by testimony, are not subject to pardon.

Repeal of Law

If a new law is enacted under which conduct previously classified as criminal is no longer considered an offense, the new law repeals the former law. As a result, a person who committed such conduct under the previous law is no longer considered criminal, and the punishment is extinguished.

Forgiveness by the Complainant

To assess the effect of forgiveness by the complainant on the extinction of punishment, crimes are divided into two categories:

• Waivable Offenses: In waivable offenses, initiation and continuation of prosecution, as well as execution of punishment, depend on the complaint of the complainant and the absence of forgiveness. Therefore, the complainant’s forgiveness results in the termination of prosecution or the non-enforcement of punishment.
• Non-Waivable Offenses: In non-waivable offenses, the complainant’s complaint or forgiveness has no effect on the initiation of prosecution, adjudication, or execution of punishment. In such cases, forgiveness may only result in mitigation of punishment. Complainant’s forgiveness generally applies to discretionary offenses and does not affect fixed penalties.

Repentance

Effect of Repentance on Offenses Subject to Fixed Punishment

• Nearly all fixed punishments, except for armed rebellion and false accusation, may be extinguished if the offender repents before the offense is proven and the judge is satisfied with the offender’s remorse and reform.
• In all fixed punishment offenses except false accusation, the court may request a pardon for the offender upon repentance, and the Head of the Judiciary may seek a pardon from the Supreme Leader.
• In offenses such as adultery or sodomy committed through force, coercion, or deception, repentance results in the removal of the fixed punishment, and the offender is sentenced to discretionary punishment such as imprisonment or flogging of the sixth degree.
  In cases of armed rebellion, if repentance occurs before arrest or before the offender is overpowered, the fixed punishment is extinguished.
• If an offender is sentenced to life imprisonment for theft, subject to a fixed punishment, repentance during the execution of the sentence, together with the Supreme Leader’s approval, results in the removal of the imprisonment, and the punishment may be converted into a discretionary punishment.

Effect of Repentance on Discretionary Offenses

• In discretionary offenses of the sixth to eighth degree, repentance and proof of the offender’s reform may lead to the extinction of punishment.
• In discretionary offenses of the first to fifth degree, repentance and reform may result in mitigation of punishment. Repentance has no effect on offenses subject to blood money, retaliation, or the fixed punishment for false accusation.

The Rule of Doubt

The rule of doubt refers to the extinction of punishment in cases of uncertainty regarding the commission of an offense. Doubt leads to the extinction of punishment when there is no evidence to eliminate the uncertainty. If evidence resolves the doubt, reliance on this rule is no longer permissible.

Statute of Limitations

The statute of limitations is the period after which an offense may no longer be prosecuted or punished. In the Iranian criminal system, the statute of limitations applies only to discretionary offenses. It may apply at the stages of complaint, prosecution, adjudication, or execution of punishment.

Death of the Convicted Person

Based on the principle of personal punishment, all criminal punishments are extinguished upon the death of the offender. This principle does not apply to blood money or to objective security measures, such as the confiscation of property.

Insanity

Pursuant to Article 149 of the Islamic Penal Code, the insanity of the offender constitutes a ground removing criminal responsibility.

Frequently Asked Questions About the Grounds for the Extinction of Punishment