Suspended Sentence

Suspended Sentence

The court issuing a judgment is authorized to suspend the execution of all or part of a sentence or punishment in relation to discretionary crimes classified from degree three to degree eight. The prosecutor and the convicted person may request the suspension of the punishment after one-third of the sentence has been served. In essence, the postponement of the execution of all or part of a punishment for a period ranging from one to five years is referred to as the suspension of punishment. Suspension of punishment can benefit society by facilitating offenders’ rehabilitation and reintegration, while also reducing the prison population. As a result, the offender is protected from the negative effects of the prison environment. Pursuant to Articles 46 to 59 of the Islamic Penal Code, the issuance of a suspended sentence is subject to specific conditions and requirements.

Conditions for Issuing a Suspended Sentence

Requirements for Suspension of Judgment and Punishment

Only discretionary crimes of degrees three to eight are eligible for suspension of punishment. Suspension is not applicable to crimes subject to hadd punishments, blood money, or retaliation. Discretionary punishment refers to penalties whose criminalization is based on social interests and public welfare and is not explicitly prescribed under Islamic law. The suspension of judgment and punishment applies solely to the public aspect of the crime, while the private aspect remains unaffected. If the offender does not commit a new crime during the suspension period, not only will the execution of the punishment be lifted, but the ancillary effects of the crime will also be removed from the individual’s criminal record. Pursuant to Article 40 of the Islamic Penal Code, a judge may order the suspension of punishment only if the following conditions are met.

Existence of mitigating circumstances, as set out in Article 38 of the Islamic Penal Code of Iran, including:

• Forgiveness by the complainant or private claimant.
• Effective cooperation of the accused in obtaining evidence, discovering property or objects resulting from the crime, or identifying accomplices.
• Special circumstances influencing the commission of the crime.
• Voluntary disclosure by the accused prior to prosecution.
• Good prior conduct, remorse, or special personal circumstances of the accused, such as illness or old age.
• Effective confession by the accused during investigation or trial.
• Efforts by the accused to compensate for damages caused by the crime or to mitigate its consequences.
• Minor harmful consequences of the crime or limited damage suffered by the victim.
• Minor role of an accomplice or partner in the commission of the crime.
• Anticipation of the offender’s rehabilitation.
• Compensation for damages resulting from the crime or establishment of arrangements for such compensation.
• Absence of an effective criminal record.

Who May Request Suspension of Judgment and Punishment?

Pursuant to Article 46 of the Islamic Penal Code, the prosecutor may request the suspension of the remaining portion of the punishment from the court that issued the final judgment after one-third of the sentence has been served. This right is also granted to the convicted person.

Crimes Not Eligible for Suspension

According to Article 47 of the Islamic Penal Code, suspension of the execution of punishment does not apply to the following crimes:

• Crimes against the internal and external security of the country.
• Organized crimes.
• Crimes against public morality.
• Establishment and management of centers of corruption and prostitution.
• Creating disturbance using knives.
• Armed robbery.
• Acid attacks.
• Kidnapping.
• Major trafficking of narcotics or psychotropic substances, weapons, ammunition, alcoholic beverages, or human trafficking.
• Discretionary punishment substituted for retaliation for intentional killing.
• Moharebeh and corruption on earth.
• Complicity in intentional murder.
• Economic crimes where the subject matter exceeds one hundred million rials.

Types of Suspension of Judgment and Punishment

Pursuant to Article 48 of the Islamic Penal Code, suspension of punishment may be granted in either a simple or a supervisory form.

Simple Suspension

In this form of suspension, the offender undertakes not to commit a new crime during the suspension period.

Supervisory Suspension

Under supervisory suspension, in addition to complying with the conditions of simple suspension, the convicted person must comply with instructions issued by the court throughout the suspension period. Such instructions may include the following:

• Timely appearance at places and times designated by a social worker or judicial authority.
• Submission of information, documents, and records to facilitate supervision of compliance with obligations.
• Notification to the social worker of any change in employment, residence, or relocation within a period of less than fifteen days, together with a report thereof.
• Obtaining permission from the judicial authority prior to leaving the country for travel.

If the convicted person commits a hadd crime or a discretionary crime up to degree seven from the date of issuance of the suspension order until the end of the suspension period, the court shall revoke the suspension and order the execution of the full punishment.

Frequently Asked Questions on Suspended Sentences