Ancillary and Supplementary Punishments

Ancillary and Supplementary Punishments

For every act or behavior that violates legal regulations, the law prescribes sanctions, known as criminal penalties. The primary purpose of punishment is to restore public security and to ensure that the offender faces the consequences of their actions. The types and severity of criminal penalties are determined by the legislature and are expressly set forth in statute.

Criminal punishments approved by the legislator are generally classified into three main categories:

• Principal punishments.
• Supplementary punishments.
• Ancillary punishments.

The Role of the Judge in Determining Supplementary Punishments

Principal Punishments

In criminal law, specific penalties known as principal punishments are prescribed for each offense. According to the Islamic Penal Code, these punishments are divided into the following four categories:

• Qisas (Retaliation): Qisas is the principal punishment prescribed for intentional crimes against life, bodily integrity, or physical faculties.
• Hudud: Hudud are punishments whose nature, scope, and method of execution are prescribed by Islamic law.
• Diyah (Blood Money): Diyah is the financial compensation prescribed by law for intentional or unintentional crimes against life, bodily organs, or physical faculties, where Qisas is inapplicable.
• Ta’zir (Discretionary Punishment): Ta’zir refers to punishments imposed by law for violations of governmental regulations or the commission of prohibited acts under Islamic law.

Judicial rulings must strictly comply with statutory provisions. By defining the principal punishments for each crime, the legislator reduces judicial uncertainty in sentencing and informs the public of the legal consequences of criminal conduct. This awareness serves as a deterrent factor against the commission of crimes.

Supplementary Punishments

In certain cases, the judge may determine that the principal punishment alone is insufficient to achieve justice or deterrence. In such circumstances, the court may impose supplementary punishments in addition to the principal sentence.

The imposition of supplementary punishments is not arbitrary in the sense of being discretionary. A judge may only impose such punishments when expressly authorized by law. Pursuant to Article 23 of the Islamic Penal Code, courts may sentence individuals who have been convicted of Hudud, Qisas, or discretionary punishments of grades one through six to one or more supplementary punishments, taking into account the statutory conditions, the nature of the offense, and the personal circumstances of the offender.

Supplementary punishments include, but are not limited to, the following:

• Mandatory residence in a specified location.
• Prohibition from residing in a specified location.
• Prohibition from engaging in a specific profession, occupation, or activity.
• Dismissal from public or governmental service.
• Prohibition from driving or operating motor vehicles.
• Prohibition from issuing commercial instruments or possessing a checkbook.
• Prohibition from carrying weapons.
• Prohibition on leaving the country for Iranian nationals.
• Obligation to perform public service.
• Deportation of foreign nationals.
• Prohibition from membership in social, political, or partisan groups.
• Obligation to learn a specific profession, trade, or occupation, or to pursue education.
• Publication of the final criminal conviction.

According to Notes One and Two of Article 23 of the Islamic Penal Code, the duration of supplementary punishments shall not exceed two years unless otherwise provided by law. In cases where the principal and supplementary punishments are of the same nature, only the principal punishment shall be imposed. The court has discretion to impose supplementary punishments within the limits prescribed by law.

Ancillary Punishments

Ancillary punishments are penalties that are automatically imposed upon the offender as a legal consequence of the principal punishment. These punishments do not require explicit mention in the court’s judgment and arise directly from the execution of the principal sentence.

Ancillary punishments are inseparable from the principal punishment and are applied by operation of law. For this reason, they are referred to as ancillary. Pursuant to Note Two of Article 25 of the Islamic Penal Code, in crimes subject to private complaint, if the execution of the punishment is halted after the issuance of a final judgment due to the forgiveness of the complainant or private claimant, the ancillary effects of the punishment are also eliminated.

Since ancillary punishments are dependent on the principal punishment, the suspension or cessation of the principal punishment results in the termination of the ancillary punishments as well.

Conditions for the Enforcement of Ancillary Punishments

• Ancillary punishments apply only to intentional crimes that result in a final criminal conviction.
• Ancillary punishments become enforceable only after the execution of the principal punishment.

Frequently Asked Questions Regarding Ancillary and Supplementary Punishments