Prosecution of Crimes Committed by Iranian Nationals Abroad

Prosecution of Crimes Committed by Iranian Nationals Abroad

The prosecution of crimes committed by Iranian nationals outside the country represents a complex judicial issue that is also observed in many other jurisdictions. Resolution of such matters is generally based on the principles of private international law. However, issues related to national security and the preservation of religious and governmental values often lead states to assert jurisdiction over crimes committed beyond their territorial boundaries.

Jurisdiction of Iranian Courts in Prosecuting Crimes Committed by Nationals Abroad

Criminal Liability of Iranian Nationals Under the Islamic Penal Code

Under Iranian criminal law, if any individual, whether Iranian or foreign, commits certain crimes outside the territorial jurisdiction of the Islamic Republic of Iran, such a person may be prosecuted under Iranian law. These crimes include those specified in special legislation and include the following:

• Actions against the internal or external security of the country or actions against the governmental system, territorial integrity, or independence of the Islamic Republic of Iran.
• Forgery of signatures, rulings, decrees, or written orders attributed to the Supreme Leader, or the use of such forged documents.
• Forgery of signatures, rulings, decrees, or written orders attributed to members of Parliament, heads of governmental branches, the Chairperson of the Assembly of Experts, the Attorney General, the Chief Justice of the Supreme Court, members of the Guardian Council, ministers, members of the Expediency Council, or vice presidents, as well as the use of such forged documents.
• Forgery of judicial decisions issued by public, revolutionary, or administrative courts, or the use of such forged decisions.
• Counterfeiting of national currency.
• Forgery of treasury documents or financial instruments issued or guaranteed by the Islamic Republic of Iran.
• Forgery of binding banking documents issued by Iranian financial institutions.
• Production or distribution of counterfeit coins related to the official national currency.

If these crimes are prosecuted outside Iran and result in a conviction and enforcement of punishment, Iranian courts will consider the punishment already served and deduct it from the sentence imposed under Iranian law.

Crimes Committed by Political and Consular Officers and Government Employees Abroad

Government employees, political and consular officials, embassy staff, journalists, and individuals dispatched abroad by the government are among those who may be exposed to criminal allegations while outside the country. This issue is not unique to Iran and applies to many countries that maintain diplomatic or governmental representatives abroad. Crimes committed by such individuals are subject to prosecution under Iranian law. Therefore, in the event of criminal conduct by these individuals, they must be transferred to the Iranian judicial authorities for prosecution.

Crimes Committed Abroad by Iranian Nationals

This category refers to non-political crimes committed by Iranian nationals who are not employed in governmental or diplomatic positions. If such individuals are found within Iran or extradited to Iran, they may be prosecuted and punished in accordance with Iranian law, provided that the following conditions are satisfied:

• The alleged conduct must constitute a criminal offense under Iranian law.
• If the crime is categorized as a discretionary offense, prosecution in Iran is conditional upon the individual not having been prosecuted or acquitted in the country where the crime occurred, or where conviction has occurred, and upon the punishment not having been fully or partially enforced. This condition does not apply to crimes punishable by fixed religious penalties, compensation, or retribution.
• There must be no legal grounds under Iranian law for the termination of prosecution or enforcement of punishment.

Additional Considerations

• If an individual has already been prosecuted in the country where the crime occurred, they cannot be prosecuted again in Iran for the same offense.
• If an Iranian national commits a crime abroad that carries a fixed religious penalty under Iranian law, prosecution and punishment may still be pursued within Iran.

Frequently Asked Questions About the Prosecution of Crimes Committed by Iranian Nationals Abroad