Criminal Procedure Law of Iran

The Criminal Procedure Law of Iran is a critical legal framework that governs the conduct of criminal proceedings in the Islamic Republic of Iran. Enacted with the intention of ensuring justice, transparency, and fairness within the criminal justice system, this law outlines the rules for the investigation, prosecution, defense, and judgment of criminal cases. It provides a detailed set of procedures for law enforcement, judicial authorities, and individuals involved in criminal proceedings, aiming to safeguard the rights of the accused while also ensuring that criminal behavior is appropriately addressed. This law is rooted in the principles of Islamic law and Iranian constitutional guidelines, creating a unique blend of civil and religious legal systems.

In 2015, a revised version of the Criminal Procedure Law was enacted, offering a more modernized approach to criminal justice in Iran. It introduced significant changes to improve the efficiency and transparency of the judicial process, including detailed provisions regarding the roles of legal entities, the handling of electronic evidence, and the protection of both victims and suspects. Additionally, it emphasizes the need for criminal investigations to be conducted with fairness, ensuring the protection of the accused’s rights, such as the right to legal representation and the prohibition of inhumane treatment. The law also specifies the procedures for evidence collection, the conducting of searches, the use of technology in criminal investigations, and the trial process, ensuring that criminal justice in Iran operates within a legal and constitutional framework.

 

You can find the text of the law here below:

 

Criminal Procedure Law of Iran

 

Part One – General Provisions

Chapter 1 – Definition of Criminal Procedure and Governing Principles

Article 1

Criminal procedure is a set of rules and regulations established for the detection of crimes, prosecution of suspects, preliminary investigations, mediation, reconciliation between parties, trial procedures, issuance of judgments, methods of appealing judgments, execution of rulings, and the determination of duties and authorities of judicial officials and law enforcement officers. It also ensures the observance of the rights of the accused, victims, and society.

 

Article 2

Criminal proceedings must be based on the law, guarantee the rights of the parties involved in the case, and apply uniformly to individuals under equal conditions who are prosecuted for similar offenses.

 

Article 3

Judicial authorities must address allegations against individuals with impartiality and complete independence, within the shortest possible time, and take appropriate decisions. They must also prevent any action that could disrupt or prolong the criminal proceedings process.

 

Article 4

The presumption of innocence is fundamental. Any action that restricts freedom, infringes on personal privacy, or deprives individuals of liberty is permissible only by law, adhering to regulations, and under judicial oversight. In all cases, such measures must not harm the dignity and reputation of individuals.

 

Article 5

The accused must be promptly informed of the charges and evidence against them and be granted access to legal counsel and other defense rights specified in this law.

 

Article 6

The accused, victim, witnesses, and other involved parties must be made aware of their rights during the proceedings, and mechanisms must be established to ensure and guarantee these rights.

 

Article 7

Throughout all stages of criminal proceedings, observing the civil rights stipulated in the Law on Respect for Legitimate Freedoms and Protection of Civil Rights (approved May 4, 2004) is mandatory for all judicial authorities, law enforcement officers, and others involved in the process. Violators are liable for compensation of damages caused and are subject to penalties outlined in Article 570 of the Islamic Penal Code (Penal Sanctions and Preventive Measures, approved May 23, 1996), unless stricter penalties are provided by other laws.

 

Chapter 2- Public and Private Claims

Article 8

Conviction to punishment arises solely from the commission of a crime. A crime, having a divine aspect, may have two dimensions:

1. Public Aspect: Pertains to violations of divine boundaries or infringements on public rights and disturbance of public order.
2. Private Aspect: Relates to the infringement of the rights of an individual or specific individuals.

 

Article 9

The commission of a crime may lead to the initiation of two types of claims:

1. Public Claim: To preserve divine boundaries, public rights, or public order.
2. Private Claim: To seek compensation for damages caused by the crime or claim punishments that legally belong to the victim, such as Hadd Qadhf (punishment for false accusation of unchastity) and Qisas (retribution).

 

Article 10

A victim is an individual who suffers harm or loss due to the commission of a crime. If the victim requests the prosecution of the offender, they are referred to as the “complainant,” and if they demand compensation for the damages incurred, they are called the “private claimant.”

 

Article 11

The prosecution of the accused and the initiation of claims regarding the public aspect fall under the jurisdiction of the prosecutor, while claims and prosecution regarding the private aspect are the responsibility of the complainant or private claimant.

 

Article 12

The prosecution of the accused in crimes subject to forgiveness begins only upon the complainant’s request and is terminated upon their forgiveness.

Note: The determination of crimes subject to forgiveness is prescribed by law.

 

Article 13

The prosecution of a criminal case initiated in accordance with the law, as well as the enforcement of punishment, is halted only in the following circumstances:

1. Death of the accused or convicted individual.
2. Forgiveness by the complainant or private claimant in crimes subject to forgiveness.
3. Application of amnesty.
4. Repeal of the legal punishment.
5. Expiration of the statute of limitations as provided by law.
6. Repentance of the accused as provided by law.
7. Res judicata (finality of a judicial decision).

Note 1: Regarding blood money (Diyya), the provisions of the Islamic Penal Code apply.

Note 2: If the perpetrator of a crime becomes insane before a final judgment is issued, the prosecution and trial are suspended until recovery, except in cases involving rights-based crimes where evidence of the offense is such that the insane or unconscious individual would not be able to refute the accusation even upon recovery. In such cases, the legal guardian, custodian, or legal representative must be notified to appoint a lawyer within five days. If no lawyer is appointed, regardless of the type of crime or severity of punishment, a court-appointed lawyer is assigned, and proceedings continue.

 

Article 14

The complainant may demand compensation for all material and moral damages and potential benefits resulting from the crime.

Note 1: Moral damage includes emotional harm or damage to personal, familial, or social reputation and dignity. The court may order remedies beyond financial compensation, such as requiring an apology or publishing the judgment in the media.

Note 2: Potential benefits are limited to cases that constitute actual loss. Rules regarding potential benefits and compensation for moral damages do not apply to crimes that involve Ta’zir punishments prescribed by Sharia or blood money (Diyya).

 

Article 15

Once the suspect is prosecuted, the victim of the crime may submit certified copies or images of all evidence and documents to the prosecuting authority to attach to the case file. Before the conclusion of the trial, the victim may file a civil claim for damages in court. Claims for damages and their consideration require adherence to civil procedure formalities.

 

Article 16

If a damages claim is first filed in a civil court, the claim cannot be brought to a criminal court unless the private claimant discovers later that the case has a criminal aspect. In such cases, the private claimant may withdraw the case from the civil court and pursue it in the criminal court. However, if the damages claim is initially filed in the criminal court but a criminal judgment is delayed for legal reasons, the private claimant may withdraw the claim and pursue it in the civil court. If court fees were already paid, no additional fees are required.

 

Article 17

The court is obligated to issue a ruling on the private claimant’s damages claim along with the criminal judgment, based on the available evidence and documents, unless addressing the damages requires further investigation. In such cases, the court issues the criminal judgment first and addresses the damages claim afterward.

 

Article 18

If a final criminal judgment affects the substance of a civil matter, it is binding on the court handling the civil case or damages claim.

 

Article 19

When the court orders restitution of the original property, its equivalent, or its value, it must specify the details and amount and determine the responsibility of each defendant in cases involving multiple defendants, in accordance with regulations.

Note: If the court orders payment of the property’s value, the value at the time of execution of the judgment is used as the standard.

 

Article 20

The termination of a public claim does not result in the termination of a private claim. If criminal prosecution is halted for legal reasons or results in a dismissal or acquittal, the criminal court must still address and rule on the private claim if it has been brought before the court.

 

Article 21

If establishing the guilt of the accused depends on issues that fall outside the jurisdiction of the criminal court and under the jurisdiction of the civil court, the criminal court shall identify the concerned party and issue a suspension order (Gharar Enaateh). Prosecution of the accused is suspended, and the file is temporarily archived until a final decision is issued by the competent authority.

If the concerned party does not refer to the competent court and provide evidence of doing so within one month from the date of notification of the suspension order without valid excuse, the criminal court will proceed with the case and make an appropriate decision.

Note 1: Suspension orders issued by the investigating judge must be reviewed by the prosecutor within three days. If the prosecutor disagrees, the dispute is resolved under Article 271 of this law.

Note 2: Movable property is excluded from this article.

Note 3: The period during which the file is temporarily archived does not count toward the statute of limitations.

 

Part Two – Crime Detection and Preliminary Investigations

Chapter 1 – Prosecution Offices and Their Jurisdictions

Article 22

To detect crimes, prosecute suspects, conduct investigations, safeguard public rights, initiate necessary lawsuits, enforce criminal judgments, handle probate matters, and perform other legal duties, a general and revolutionary prosecution office is established within the judicial jurisdiction of each city, alongside the courts of that jurisdiction. Similarly, military prosecution offices are established alongside military courts within the provinces.

 

Article 23

The prosecution office is headed by the prosecutor and includes the required number of deputies, assistants, investigators, and administrative staff.

 

Article 24

In the judicial jurisdiction of a district, the duties of the prosecutor are assigned to the head of the judicial district or, in their absence, to the alternate judge of the court.

 

Article 25

At the discretion of the head of the judiciary, specialized prosecution offices, such as those handling offenses by government employees, security offenses, medical and pharmaceutical offenses, cybercrimes, economic crimes, and citizens’ rights, may be established under the supervision of the city prosecution office.

 

Article 26

The prosecution office responsible for crimes that fall under the jurisdiction of courts outside the location of the crime operates alongside the competent court, unless otherwise stipulated by law.

 

Article 27

The provincial capital’s prosecutor supervises the actions of prosecutors, judicial officials of prosecution offices within the province, and individuals performing prosecutorial duties in district courts. This includes oversight of criminal judgment enforcement and providing necessary instructions.

 

Chapter 2 – Judicial Officers and Their Duties

Article 28

Judicial officers are personnel who, under the supervision and instructions of the prosecutor, act according to the law to detect crimes, preserve evidence and signs, gather evidence of the crime, identify suspects, prevent their escape or concealment, conduct preliminary investigations, serve legal notices, and execute judicial decisions.

 

Article 29

Judicial officers include:

1. General Officers: Commanders, officers, and non-commissioned officers of the Islamic Republic of Iran’s police force who have undergone relevant training.
2. Special Officers: Authorities and personnel designated as judicial officers within the scope of their assigned duties under specific laws, such as prison wardens, deputies, and officers for matters concerning prisoners; intelligence officers from the Ministry of Intelligence and the IRGC Intelligence Organization; and IRGC Basij officers in specified circumstances. Other armed forces personnel may also be designated as judicial officers as provided by law.

Note: Conscripts are not considered judicial officers but perform duties under the supervision of designated officers. Responsibility for such actions rests with the judicial officers, without exempting conscripts from legal accountability.

 

Article 30

To qualify as a judicial officer, individuals must be trustworthy and undergo necessary training under the supervision of the relevant judicial authority, obtaining a special judicial officer ID card. Investigations and actions by individuals without this ID card are prohibited and legally invalid.

Note 1: The prosecutor must regularly organize in-service training courses to ensure judicial officers acquire necessary skills and fulfill legal duties.

Note 2: The executive regulation of this article must be prepared by the Minister of Justice, in collaboration with the Ministers of Intelligence, Defense, Armed Forces Support, and Interior, as well as the Commander of the Police Force, within three months of the enactment of this law, and approved by the head of the judiciary.

 

Article 31

To ensure proper handling of cases involving minors, a special police force for children and adolescents is established within the Islamic Republic of Iran’s police force. The duties and scope of its authority are defined in a bill prepared by the head of the judiciary.

 

Article 32

The authority and supervision over judicial officers regarding their responsibilities as officers lie with the prosecutor. Other judicial officials also have the right to supervise matters referred to judicial officers.

Note: Referring a matter by a judicial authority to individuals or officials not legally recognized as judicial officers results in administrative penalties of up to Grade 4.

 

Article 33

To ensure the proper execution of duties by judicial officers, the prosecutor shall inspect the relevant units at least once every two months and record the observations and necessary instructions in a dedicated logbook.

 

Article 34

Orders from judicial authorities to judicial officers must be issued in writing, clearly stated, and include a deadline. In urgent cases where a written order is not feasible, verbal instructions are permissible. Judicial officers must carry out the orders, document the actions in the report, and obtain the judicial authority’s signature within 24 hours.

 

Article 35

Judicial officers are required to act promptly and within the timeframe set by the prosecutor or relevant judicial authority to complete orders and compile case files.

Note: If carrying out the order or completing the case file is not feasible, the officers must report the reasons to the prosecutor or judicial authority by the end of the set deadline.

 

Article 36

Reports from judicial officers are valid only if they do not contradict the clear circumstances and evidence of the case and are prepared in compliance with legal standards and regulations.

 

Article 37

Judicial officers must accept complaints at all times, whether written or verbal. Verbal complaints must be documented in a report signed by the complainant. If the complainant cannot sign or is illiterate, this should be noted, and the consistency of the verbal complaint with the report must be verified. Upon receiving a complaint, officers must issue a receipt to the complainant and promptly forward the case to the prosecutor.

 

Article 38

Judicial officers must inform complainants of their right to claim compensation, access available advisory services, and other legal assistance.

 

Article 39

Judicial officers are required to include the complainant’s statements regarding damages in their reports to judicial authorities.

 

Article 40

Revealing information related to the identity and residence of victims, witnesses, informants, and other individuals connected to a case is prohibited, except as specified by law.

 

Article 41

Judicial officers are not authorized to take bail from defendants, nor can judicial authorities delegate this responsibility to them. If obtaining bail from a defendant is necessary, it must be conducted solely by a judicial authority in accordance with the law.

 

Article 42

Interrogations and investigations involving women and minors, where possible, should be conducted by trained female officers and in compliance with religious standards.

 

Article 43

If there are doubts about evidence or information from judicial officers or if their sources are unreliable, the officers must conduct necessary preliminary investigations without searching, inspecting, summoning, or detaining individuals before notifying the prosecutor. Based on the officers’ report, the prosecutor will issue further instructions or make appropriate judicial decisions.

 

Article 44

Upon learning of a crime:

For non-obvious crimes, officers must seek guidance and necessary instructions from the prosecutor. The prosecutor, after review, will issue instructions to continue investigations or make judicial decisions.

For obvious crimes, officers must take all necessary measures to preserve evidence, prevent the suspect’s escape or concealment, and prevent collusion. They must immediately notify the prosecutor of the findings. Witnesses or informants at the scene should have their names, addresses, phone numbers, and other details recorded in the case file. Officers can only detain suspects if there is strong evidence of their involvement in an obvious crime.

 

Article 45

An obvious crime is defined as:

(a) A crime committed in the presence of judicial officers or observed immediately afterward.

(b) The victim or two or more witnesses identify a specific person as the perpetrator during or immediately after the crime.

(c) Clear evidence or tools of the crime are found in the suspect’s possession immediately after the crime, or the tools are proven to belong to the suspect.

(d) The suspect attempts to flee immediately after the crime or is caught while fleeing.

(e) The crime occurs in a residence, and the occupant requests officers to enter during or immediately after the crime.

(f) The suspect voluntarily reports and confesses immediately after the crime.

(g) The suspect is a vagrant with a bad reputation in the area.

Note 1: For crimes listed in Paragraphs (a), (b), (c), and (d) of Article 302, if no judicial officers are present, citizens may take necessary measures to prevent the perpetrator’s escape and preserve the crime scene.

Note 2: A vagrant is defined as someone without a fixed residence, a clear source of income, or a specific job.

 

Article 46

Judicial officers must immediately report the results of their actions to the prosecutor. If the prosecutor deems the actions insufficient, they may request further investigation. Officers cannot detain suspects beyond 24 hours. If detention is essential for an obvious crime, officers must inform the suspect of the charges and evidence in writing and immediately notify the prosecutor for legal decisions.

 

Article 47

If an individual is detained outside of working hours for a criminal offense, this must be reported to the prosecutor or on-duty judge within one hour. The prosecutor or judge must review the case and, if necessary, personally visit the detention location to take legal action.

 

Article 48

Upon being detained, the suspect may request a lawyer. The lawyer may meet with the suspect for no longer than one hour, ensuring confidentiality, and submit written notes to be included in the case file.

Note: In crimes against internal or external security or organized crimes with penalties under Article 302, the parties may only choose lawyers approved by the Judiciary Head. These lawyers are designated and announced by the Judiciary Head.

 

Article 49

Within one hour of detention, the suspect’s personal details, occupation, address, and reason for detention must be reported to the local prosecutor’s office. This information is recorded and monitored electronically, and a list is shared daily with the provincial judiciary head. Family members may inquire about the detainee’s status, provided it does not conflict with the detainee’s dignity.

 

Article 50

Detainees may notify family or acquaintances of their detention via phone or other means, unless deemed inappropriate by officers. In such cases, judicial approval must be obtained.

 

Article 51

Upon request from the detainee or their family, the prosecutor may appoint a doctor to examine the detainee. The doctor’s findings are recorded in the case file.

 

Article 52

Judicial officers must inform detainees of their rights under the law, provide written documentation of these rights, and attach signed receipts to the case file.

 

Article 53

Officers must record the detainee’s statements, the reason for detention, the time and date of detention, questioning duration, breaks, and the time they are presented to a judge. This information must be signed or fingerprinted by the detainee. Detention start and end times are also logged in a special register.

Note: Fingerprints are valid only if the person cannot sign.

 

Article 54

Judicial officers must hand over the investigations they have conducted to the prosecutor or investigating judge upon their arrival at the crime scene. They may no longer intervene unless specifically instructed or assigned a new task by the judicial authority.

 

Article 55

Entry into homes, closed or private premises, and searching them, as well as the inspection of individuals or objects in cases of non-obvious crimes, requires specific authorization from the judicial authority, even if the investigation has been generally delegated to the officer.

 

Article 56

Judicial officers are required to act strictly within the scope of the issued authorization and must avoid searching unrelated individuals, objects, or places.

 

Article 57

If judicial officers discover evidence, tools, or traces of another crime threatening public security and order while conducting a search, they must preserve the evidence, document the findings, and immediately report the matter to the competent judicial authority, acting as directed.

 

Article 58

When judicial officers enter homes or private premises, they must present their identification and the original judicial warrant to the occupants. They must document the process in an official report, signed by present parties. If the parties refuse to view the warrant, this must be noted, and the search may proceed.

 

Article 59

Judicial officers must number the interrogation documents and other case records, specifying the total number of pages in the report submitted to the judicial authority.

Note: Court clerks in prosecution offices and courts must adhere to the numbering procedure in this article. Noncompliance will result in suspension from government service for three months to one year.

 

Article 60

Coercion, threats, the use of offensive language, suggestive or deceptive questions, and questions unrelated to the charges are prohibited during interrogations. Statements made under coercion or to inappropriate questions are invalid. The date, time, and duration of the interrogation must be recorded and signed or thumb printed by the accused.

 

Article 61

All actions by judicial officers during investigations must follow procedures prescribed for preliminary investigations.

 

Article 62

Victims cannot be burdened with costs arising from judicial officers’ duties related to crime detection, evidence preservation, suspect apprehension, victim protection, document delivery, or execution of judicial decisions.

 

Article 63

Violations of Articles 30, 34, 35, 37, 38, 39, 40, 41, 42, 49, 51, 52, 53, 55, 59, and 141 by judicial officers will result in suspension from government service for three months to one year.

 

Chapter 3: Duties and Powers of the Prosecutor

Article 64

Legal grounds for initiating prosecution:

1. Complaint by the plaintiff or private complainant.
2. Reports by judicial officers, officials, or credible individuals.
3. Commission of an apparent crime in the presence of the prosecutor or investigating judge.
4. Accusation or confession by the accused.
5. Information received by the prosecutor through other legal means.

 

Article 65

A person’s declaration of witnessing a non-pardonable crime suffices to initiate prosecution unless evidence suggests their statement is false, even if no additional evidence exists. If the person was not a witness, prosecution requires proof of the claim’s validity or if the crime involves national or internal security.

 

Article 66 (Amended 2015)

NGOs with charters focused on child protection, women’s rights, disabled persons, public health, and citizenship rights may file criminal complaints in related cases and participate in all legal proceedings.

Note 1 (Amended 2015): If the crime involves a specific victim, their consent is required unless the victim is a child, insane, or under legal guardianship for financial crimes. In such cases, consent must be obtained from a legal guardian or, if unavailable, an interim guardian approved by the prosecutor.

Note 2: Judicial officers must inform victims about available NGO assistance.

Note 3 (Amended 2016): NGOs must have proper legal authorization to act under Article 66. Repeated rejection of NGO complaints in court will result in suspension of their rights under this article for one year.

Note 4 (Added 2015): In crimes against decency, NGOs can only report offenses, provide evidence, and cannot attend court sessions.

 

Article 67

Reports and letters from anonymous sources cannot initiate prosecution unless they indicate a significant public disturbance or are supported by sufficient evidence.

 

Article 68

Plaintiffs or private complainants can file complaints directly or through an attorney. Complaints must include:

1. Full identification details of the complainant.
2. Crime details, including date and location.
3. Damage incurred and relief sought.
4. Evidence, witnesses, and suspect details, if known.

 

Article 69

The prosecutor must accept written or oral complaints at any time. Oral complaints must be documented, signed, or thumb printed by the complainant.

 

Article 70

In cases requiring a complaint to prosecute, where the victim is legally incapacitated and has no guardian, or the guardian is unavailable or involved in the crime, the prosecutor appoints a temporary guardian or pursues prosecution.

 

Article 71

If a guardian refuses to act in the victim’s interest in prosecutable crimes involving children or incapacitated persons, the prosecutor will proceed with the case upon securing the victim’s consent.

 

Article 72

Officials aware of non-pardonable crimes in their jurisdiction must report them immediately to the prosecutor.

 

Article 73

The prosecutor oversees investigations and provides necessary instructions to investigators.

 

Article 74

The prosecutor may be present during investigations to supervise but cannot halt the proceedings.

 

Article 75

Supervision of investigations belongs to the prosecutor in the jurisdiction where they occur, regardless of the case’s original location.

 

Article 76

Before requesting or delegating an investigation to an investigator, the prosecutor may request specific actions and must receive a report of the results.

 

Article 77

For apparent crimes listed under Article 302, the prosecutor acts to preserve evidence and apprehend suspects before the investigator’s arrival.

 

Article 78

In apparent crimes outside local court jurisdiction, the prosecutor must preserve evidence and conduct necessary investigations, sending the findings to the competent authority.

 

Article 79

In pardonable crimes, a plaintiff can request to withdraw the case before indictment issuance. The prosecutor may issue a dismissal, but the plaintiff can reopen the case once within a year.

 

Article 80

For minor offenses (grades 7 and 8) with no prior criminal record, the judicial authority may dismiss prosecution with a written commitment from the accused to comply with laws, filing the case for record. This order is appealable within ten days.

Note: The appellate court is the reviewing body for objections.

 

Article 81

In discretionary offenses of the sixth, seventh, and eighth degrees, where the punishment can be suspended, if there is no complainant, the complainant has forgiven the offense, the damages have been compensated, or arrangements have been made with the victim’s consent for payment within a specified period, and the accused does not have a prior effective criminal conviction, the prosecutor may, after obtaining the accused’s consent and, if necessary, appropriate collateral, suspend the prosecution for a period of six months to two years. In this case, the prosecutor may oblige the accused to comply with some of the following instructions:

1. Providing services to the victim to mitigate or eliminate the material or moral damages caused by the crime, with the victim’s consent.
2. Curing addiction through visits to a doctor, clinic, or hospital, or by any other means, within six months.
3. Refraining from engaging in certain work or professions for up to one year.
4. Avoiding specific locations or areas for up to one year.
5. Reporting to a designated person or authority at specified times for up to one year.
6. Performing community service or working at public or charitable institutions during specified days or hours, as determined by the prosecutor, for up to one year.
7. Attending educational, cultural, or professional classes or sessions at designated times for up to one year.
8. Refraining from driving motor vehicles and surrendering the driving license for up to one year.
9. Refraining from carrying or using authorized weapons for up to one year.
10. Avoiding contact or meetings with accomplices or the victim as determined by the prosecutor for a specific period.
11. Being prohibited from leaving the country and surrendering the passport, with notice given to relevant authorities, for up to six months.

Note 1: If during the suspension period, the accused is prosecuted for an offense punishable by hadd, qisas, or discretionary punishment of the seventh degree or higher, and the prosecution results in an indictment, or if the accused fails to comply with judicial orders, the suspension order will be revoked, and prosecution will resume in accordance with the applicable laws on multiple offenses. The time during which prosecution was suspended does not count towards the statute of limitations. If the accused is acquitted of the second offense, the court will reinstate the suspension order. The issuing authority must specify this clause in the suspension order.

Note 2: The suspension order can be appealed within ten days of its notification in the competent court.

Note 3: If it is discovered during the suspension period that the accused has a prior effective criminal conviction, the suspension order will be immediately revoked by the issuing authority, and the prosecution will resume. The time of suspension is not counted in the statute of limitations.

Note 4: Investigators may request the prosecutor to apply the provisions of this article, subject to legal conditions.

Note 5: In cases directly presented to the court, the court may apply the provisions of this article.

Note 6: Suspension orders are recorded in a special registry in the criminal record office. If the accused fails to comply with the terms of the suspension within the specified period, the suspension will be revoked.

 

Article 82

In discretionary offenses of the sixth, seventh, and eighth degrees, where the punishment can be suspended, the judicial authority may, at the accused’s request and with the consent of the victim or private plaintiff, and after obtaining appropriate collateral, grant the accused up to two months to seek forgiveness from the complainant or compensate for damages caused by the crime. Additionally, the judicial authority may refer the matter for mediation to the Dispute Resolution Council, a person, or an institution with the parties’ agreement to reconcile them. Mediation may not exceed three months. These time periods may only be extended once and only for the same duration. If the complainant forgives the accused and the offense is subject to forgiveness, the prosecution will cease. In other cases, if the complainant forgives the accused or compensation is provided, and the accused has no prior effective criminal conviction, the judicial authority may, with the accused’s consent, suspend the prosecution for six months to two years. The judicial authority may obligate the accused to comply with some of the instructions mentioned in Article 81 of this law. If the accused fails to fulfill agreed-upon obligations without a valid excuse, the complainant or private plaintiff may request the revocation of the suspension, and the prosecution will continue.

Note: The investigator may request the prosecutor to suspend prosecution or refer the matter for mediation.

 

Article 83

The results of mediation are recorded in detail, including the reasons and evidence, in a report signed by the mediator and the parties involved. This report is submitted to the relevant judicial authority for review, approval, and subsequent action. If an agreement is reached, the commitments and how they will be fulfilled must be explicitly stated in the report.

 

Article 84

The details of working in public welfare institutions, as stated in Article 81(6), and the mediation process, as well as the person(s) chosen for mediation under Article 82, will be determined by regulations drafted by the Minister of Justice within three months of this law’s enforcement date. These regulations will be approved by the Chief Justice of the Judiciary and ratified by the Council of Ministers.

 

Article 85

In cases where the blood money (Diyyah) must be paid from the public treasury (Bait-ul-Mal), after a legal decision regarding other aspects is made, the case file is sent to the court by order of the prosecutor for the issuance of an appropriate ruling.

 

Note 1

The provisions of this article also apply in cases where the case is closed by a decision to discontinue prosecution or by any other decision in the prosecutor’s office, but the issue of paying Diyyah must be resolved.

 

Note 2

In cases where the responsibility for paying the Diyyah falls on the Aqilah (relatives responsible under Islamic law), if sufficient evidence exists and with adherence to the relevant summons regulations, the Aqilah is notified to appear for their defense. Upon their appearance, the matter is explained to them, and their statements are taken. None of the obligations or restrictions applicable to defendants apply to the Aqilah. Failure of the Aqilah to appear does not prevent proceedings.

 

Article 86

In crimes not covered by Article 302 of this law, if the defendant and complainant are present, or if the defendant is present but there is no complainant, or the complainant has pardoned the defendant, and the preliminary investigation is complete, the prosecutor may, on their own or at the request of the investigating magistrate, immediately present the criminal case orally to the court without issuing an indictment by sending the defendant to the court, and in case of a complainant, along with them. The court shall convene immediately and inform the defendant of their right to request time to appoint a lawyer and prepare a defense. If the defendant requests time, a minimum of three days is granted. This notification and the defendant’s response must be recorded in the court’s minutes. If the defendant does not use this right, the court shall proceed and issue a ruling in the same session. If the court deems additional investigation necessary during the proceedings, it shall conduct the investigation or instruct the prosecutor or judicial officers to complete it. The court is responsible for obtaining appropriate guarantees from the defendant. If the complainant seeks compensation for damages, they must file a petition within five days, and the court may adjudicate the civil claim separately from the criminal case and issue an appropriate ruling.

 

Article 87

If postal officers strongly suspect based on evidence and indications that a postal package contains narcotics, toxic or hazardous microbiological substances, explosives, firearms, security-sensitive items per a list provided by competent authorities, or other tools and instruments of crime, the postal package shall be seized with a formal report. The matter must be immediately reported to the prosecutor, who, after consulting competent authorities and conducting a review, shall order the immediate return or dispatch of the package if the suspicion proves unfounded.

 

Article 88

In matters referred to deputy prosecutors or assistant prosecutors by the prosecutor, they possess all the duties and powers of the prosecutor for the assigned tasks and operate under the prosecutor’s instructions and supervision. In the absence of the prosecutor and their deputy, the assistant prosecutor with the most judicial experience, or in case of equal experience, the eldest assistant prosecutor, shall act as the prosecutor’s substitute.

 

Chapter 4 – Duties and Powers of the Investigating Magistrate

Section 1 – Powers and Limitations of the Investigating Magistrate

Article 89

Commencement of preliminary investigations by the investigating magistrate requires referral by the prosecutor. If the magistrate observes a crime, they shall initiate the investigation, promptly inform the prosecutor, and continue the investigation upon the prosecutor’s referral.

 

Article 90

Preliminary investigations encompass all lawful measures undertaken by the investigating magistrate or other judicial authorities to preserve evidence, identify and apprehend the accused, and prevent their escape or concealment.

 

Article 91

Preliminary investigations are conducted confidentially unless the law provides otherwise. All individuals involved in the investigation are obligated to maintain confidentiality. Violations are subject to penalties for the disclosure of professional secrets.

 

Article 92

Preliminary investigations for all crimes fall under the responsibility of the investigating magistrate. In crimes not warranting penalties under Article 302 of this law, if there is a shortage of investigating magistrates, the prosecutor may perform all the duties and powers assigned to the investigating magistrate. In such cases, if the prosecutor delegates the investigation to an assistant prosecutor, the final decisions of the assistant prosecutor and detention orders must be reviewed by the prosecutor on the same day. The prosecutor must provide a decision within 24 hours.

Note: In the absence or incapacity of the investigating magistrate, and if no other investigating magistrate is available, the court judge, at the request of the prosecutor and as designated by the head of the judicial jurisdiction, may temporarily assume the duties of the investigating magistrate.

 

Article 93

The investigating magistrate must conduct investigations impartially and within the scope of their legal powers, making no distinction between evidence that benefits or harms the accused.

 

Article 94

Preliminary investigations must be conducted swiftly and continuously, without being hindered by holidays.

 

Article 95

The investigating magistrate is obligated to take immediate action to prevent the destruction of evidence and promptly gather evidence of the crime.

 

Article 96

Publishing the image or other identifying information of the accused during the preliminary investigation by media or judicial authorities is prohibited, except in the following cases, where it is allowed at the request of the investigating magistrate and with the prosecutor’s approval:

1. a) For suspects of deliberate crimes under clauses (a), (b), (p), and (t) of Article 302 of this law who are fugitives with sufficient evidence against them, where identification or additional evidence necessitates publishing their image or a sketch.
   b) For arrested suspects who have confessed to multiple crimes against numerous or unknown victims, where publishing their image can inform victims and prompt private claims.

 

Article 97

To protect victims, witnesses, informants, crime reporters, their families, and the accused’s family from threats, the investigating magistrate may order precautionary measures to judicial officers, who are required to execute such orders and report back.

 

Article 98

The investigating magistrate must personally conduct investigations and collect evidence. However, for crimes not under clauses (a), (b), (p), and (t) of Article 302, they may delegate certain actions, such as interviewing witnesses, gathering information, or other lawful measures, to judicial officers under supervision and take necessary actions as required.

Note: For crimes under clauses (a), (b), (p), and (t) of Article 302, the investigating magistrate may still conduct investigations with the assistance of judicial officers.

 

Article 99

If, during the course of an investigation, the investigating magistrate discovers another crime unrelated to the first one and prosecutable without a complainant, they must take the necessary legal actions to preserve evidence and prevent the suspect from escaping or hiding. Simultaneously, the magistrate must inform the prosecutor and, upon the prosecutor’s referral, continue the investigation.

Note: If the discovered crime requires a complaint to be prosecuted, the prosecutor, if possible, must notify the victim appropriately.

 

Article 100

During investigations, the complainant can introduce witnesses, present evidence, participate in the investigation, review the minutes of preliminary investigations or other case documents that do not conflict with the necessity of discovering the truth, and, at their expense, obtain copies or photocopies.

Note 1: If the complainant requests access to documents, and the investigating magistrate considers such access to conflict with the necessity of discovering the truth, the magistrate must issue a rejection order with reasons. This order must be served to the complainant in person and is appealable in the competent court within three days. The court must review the appeal in an expedited manner and make a decision, which is final.

Note 2: Classified documents and those related to investigations of moral offenses or crimes against internal and external security cannot be provided to the complainant.

Note 3: The complainant must refrain from disclosing information or documents whose disclosure is prohibited by law or religious principles, except when seeking legal recourse through appropriate judicial channels.

 

Article 101

If access to personal information of the victim, such as their name, address, or phone number, poses a serious threat to their physical integrity or reputation, the investigating magistrate must take appropriate measures to prevent access to this information. During court proceedings, similar measures are to be determined by the court president, considering the interests of the victim.

 

Article 102

Investigating or prosecuting offenses against morality is prohibited, and questioning individuals on these matters is not allowed unless the crime was committed in public view, has a complainant, was committed forcibly, or is organized. In such cases, investigation and prosecution are limited to the complaint or observable circumstances and must be conducted by judicial authorities.

Note 1: In offenses against morality without a complainant, if the accused initially intends to confess, the judge must advise them to conceal the crime and not confess.

Note 2: Judges must warn witnesses about the consequences of testimony that does not meet legal requirements.

Note 3: In such offenses, if the victim is legally incapacitated, their legal guardian or representative has the right to file a complaint. For victims under 18, their guardian or representative also retains the right to file complaints.

 

Article 103

If resistance is encountered during the performance of duties by judicial authorities, they may request assistance from law enforcement and, if necessary, military forces. These forces are obligated to comply, and failure to do so results in legal punishment for noncompliance.

 

Article 104

The investigating magistrate cannot halt investigations due to the absence, concealment, or difficulty in locating the accused. For certain minor offenses (classified as fourth to eighth degrees), if the perpetrator is not identified after necessary investigations, and two years pass without identification, the magistrate, with the prosecutor’s approval, may issue an order to suspend investigations and temporarily archive the case. This order must be communicated to the complainant, if any, who may object within the legal period. If the complainant later identifies the perpetrator, or the perpetrator is identified otherwise, the prosecutor may reopen the case. In cases directly referred to the court, the court may act independently under these provisions.

 

Article 105

During investigations, the investigating magistrate must execute the lawful requests of the prosecutor and record such actions in the minutes. If obstacles prevent execution, the magistrate must inform the prosecutor.

 

Article 106

Before taking leave, going on assignment, or transferring, the investigating magistrate must take necessary legal actions regarding cases involving detained suspects. If the release of detainees is not possible for any reason, the magistrate must notify the prosecutor in writing.

Note: Violations of this article, as well as Articles 95, 102, 104, and Note 1 of Article 102, result in disciplinary penalties up to grade four.

 

Article 107

The complainant may request security for damages from the investigating magistrate. If this request is based on acceptable evidence, the magistrate must issue an order to secure the claim.

Note: If the defendant’s assets are seized under such an order, the magistrate must consider this when issuing a criminal bail order.

 

Article 108

If the complainant’s claim involves an unidentifiable item or an item that cannot be seized, the magistrate must seize other assets of the defendant equivalent to the amount claimed.

 

Article 109

Orders for securing claims must be executed immediately upon service. If immediate service is not feasible and delay may harm the claim, the order is first executed and then served. Such cases must be promptly reported to the prosecutor. The execution follows civil enforcement regulations in the criminal judiciary.

 

Article 110

Resolving ambiguities or uncertainties in the order to secure claims is the responsibility of the investigating magistrate. Resolving issues arising from its execution is handled by the prosecutor or the enforcement judge.

 

Article 111

Civil courts handle objections from third parties concerning asset seizures related to executed claim security orders, in accordance with civil enforcement regulations.

 

Article 112

If filing a claim requires submitting a formal complaint, and the complainant fails to do so before the conclusion of the trial, the defendant may request the cancellation of the claim security order.

 

Article 113

If prosecution is terminated for legal reasons, or if the case ends with a non-prosecution order or is otherwise closed, the claim security order is canceled after the verdict is finalized and executed.

 

Article 114

The suspension of operations in service or production sectors (such as commercial, agricultural, workshops, factories, companies, etc.) is prohibited unless evidence strongly indicates continued operations may lead to criminal acts harming public health, security, or order. In such cases, the investigating magistrate, with the prosecutor’s awareness, must document these reasons and suspend the specified operations. This decision is appealable in the criminal court within five days of notification.

 

Article 115

Writing between lines, erasures, and scraping words in interrogation and investigation documents are prohibited. If one or more words are added, they must be crossed out with a thin line, the addition noted, and signed by the investigator and the person being questioned. If one or more words are omitted and written in the margin, the aforementioned individuals must sign under them. If this procedure is not followed, the added or crossed-out words are invalid. Compliance with this article’s regulations is mandatory for all judicial and law enforcement officials throughout the investigation process. In cases of minor corrections, the issue must be explained at the bottom of the document and signed by the above-mentioned individuals.

 

Section 2: Jurisdiction of Investigators

Article 116

An investigator performs their duties within the judicial district of their assignment, observing the provisions of this law, and begins investigations under the following circumstances:

1. The crime occurred within the district of their assignment.
2. The crime occurred in another district but was discovered or the suspect apprehended within their jurisdiction.
3. The crime occurred in another district, but the suspect or the person accused of the crime resides in their district.

 

Article 117

If a crime occurs outside the investigator’s jurisdiction but is discovered or the perpetrator is apprehended within their jurisdiction, the investigator takes the necessary investigative actions, including issuing necessary precautionary orders. If such orders result in the detention of the accused, the case, along with the detainee, must be sent to the prosecution office in the location of the crime within 48 hours, following any appeals by the accused before the appropriate criminal court.

 

Article 118

If evidence and indications of a crime are discovered within an investigator’s jurisdiction, but the crime’s location is unknown, the investigator will conduct the investigation to identify the crime location. If the location remains unidentified upon conclusion of the investigation, the investigator will express their opinion on the matter.

 

Article 119

When interrogating the accused, questioning witnesses, inspecting sites, searching premises, gathering evidence, or taking any other necessary action outside the investigator’s jurisdiction, the investigator issues a judicial delegation order to the relevant investigator of the district in question. The delegated investigator carries out the tasks within the specified scope and forwards the documented findings to the requesting investigator. If the implementation requires actions in another district, the documents will be forwarded accordingly, with the delegation authority notified of the proceedings.

Note 1: Judicial delegations in sub-districts are handled by the head or alternate judge of that court.

Note 2: When testimony is the basis for a court ruling, it must be directly heard by the presiding judge issuing the verdict.

 

Article 120

When issuing a judicial delegation order, the investigator may specify the type of guarantee or leave it to the discretion of the delegated investigator. If the delegated investigator deems the guarantee requested to be disproportionate, they may adjust it to a more appropriate one based on the accused’s defense or evidence.

 

Article 121

If a judicial delegation order results in the detention of the accused, the case file must be sent to the prosecutor in the jurisdiction of the delegation for review. Any appeals against the detention order are handled by the competent court in the location of the delegation’s execution.

 

Article 122

If the investigator determines that their direct involvement in an investigation outside their jurisdiction is necessary, they must present a reasoned request to the prosecutor. Upon approval, the investigator will proceed with the task in coordination with and under the supervision of the local prosecutor. Law enforcement and other relevant authorities are required to comply with the investigator’s instructions.

 

Chapter 5: Scene Inspections, Local Investigations, Searches, and Expert Opinions

Article 123

If necessary to uncover facts or clarify issues, or upon the request of the accused or the plaintiff, the investigator will conduct local inspections or investigations.

 

Article 124

Local inspections and investigations should generally be conducted during the day unless urgent circumstances justify otherwise.

 

Article 125

Inspections and investigations are conducted by the investigator or as instructed by them through law enforcement officers. Those involved in the case may be present during these processes, though their absence does not hinder the procedure.

Note: If the presence of the accused or other relevant individuals is deemed essential, they must comply with the investigator’s order to appear.

 

Article 126

If the investigator deems it necessary, they may personally attend local inspections. However, for crimes specified under clause (a) of Article 302 or cases involving the inspection of corpses, their prompt presence is mandatory.

 

Article 127

Witnesses and informants are also summoned during local investigations or inspections. If their testimony is critical and they fail to appear without valid reason, the investigator may issue orders for their arrest, provided their presence is deemed necessary.

 

Article 128

Official experts, such as doctors, engineers, or evaluators, are summoned when their technical or scientific expertise is required.

Note: If necessary, the investigator may also summon the attending physician of the case.

 

Article 129

During local investigations or inspections, all observable and relevant evidence must be documented under the investigator’s instruction. These findings are to be included in the report and signed by the involved parties.

 

Article 130

Crime scenes must be examined by a specialized team under the investigator’s supervision, including forensic experts, crime scene investigators, identification specialists, police detectives, and other necessary experts.

Note: Regulations on the team’s duties and procedures will be outlined in a directive issued jointly by the Minister of Justice and the Minister of Interior, subject to approval by the Chief Justice.

 

Article 131

To preserve evidence, determine the identity of the deceased, and ascertain the cause of death, the investigator orders a sketch, photographs, and, if feasible, video recordings of the corpse.

 

Article 132

If the identity of the deceased remains unknown, detailed descriptions and fingerprints are recorded in the case file, and further identification efforts are pursued as deemed necessary.

Note 1: The investigator may order the release of the deceased’s image via police or forensic platforms or other suitable means.

Note 2: Implementation of this and Article 131 must adhere to religious considerations.

 

Article 133

Law enforcement is required to secure crime scenes involving fatalities, preventing unauthorized entry or exit until the investigator arrives or issues specific instructions.

 

Article 134

All transferable evidence at the crime scene must be preserved in a sealed manner to prevent damage or loss.

 

Article 135

For immovable evidence such as spilled liquids, the investigator must take appropriate measures to preserve them. If necessary, they may seal or lock the location, assigning law enforcement the responsibility for its protection.

 

Article 136

The investigating judge shall seek the opinion of a forensic physician or, as the case may require, invite them to examine injuries, marks, signs of beating, bodily harm, psychological damage, and other medical examinations and tests. If the forensic physician is unable to attend or if no forensic physician is available in the area, a trusted specialist doctor will be invited.

 

Article 137

Searches and inspections of houses, closed or inactive places, and objects are permitted in cases where strong evidence or indications suggest the presence of the accused or the discovery of instruments, tools, and evidence of a crime. This shall be done under the order of the investigating judge, with the reasons for the strong suspicion clearly recorded in the case file.

 

Article 138

Permission to search and inspect the homes or workplaces of individuals and officials subject to Articles (307) and (308), as well as suspects of crimes listed under sub-clause (c) of Article (302) of this law, must be approved by the Head of the Provincial Judiciary and carried out in the presence of a judicial authority.

 

Article 139

If a search or inspection conflicts with individuals’ rights, it is permissible only if it outweighs those rights.

 

Article 140

House searches are conducted during the day, except in cases where necessity dictates otherwise. The investigating judge must determine the reasons for the necessity and document them in the minutes, and if possible, be present at the site.

Note: Daytime is defined as the period between sunrise and sunset.

 

Article 141

Any judicial order for entering homes, closed or inactive places, under any title, must be specific and clearly outline the purpose of the search, its timing, frequency, the properties, locations, and their addresses. Enforcement officers must comply with the judicial authority’s instructions, document the search’s process and results in the minutes, obtain the signature or fingerprint of the occupant, and report to the judicial authority within 24 hours.

 

Article 142

Searches and inspections of homes or residences must be conducted in the presence of the occupant or the most senior individual present. If necessary, they must be conducted with the presence of investigation witnesses while adhering to religious and legal norms, maintaining order at the inspected location, and respecting the dignity of the occupants and neighbors.

Note: If no one is present at the inspected location, and there is urgency, the inspection may be conducted in the absence of occupants, with the presence of two local residents, and the urgency must be documented in the minutes.

 

Article 143

The presence of individuals involved in the criminal case during the inspection is subject to the occupant’s permission. However, if the investigating judge deems their presence necessary for the investigation, they may be summoned to the site under the judge’s order.

 

Article 144

If necessary, the investigating judge may prohibit entry to or exit from the inspection site until the search is completed. The judge may request assistance from law enforcement and, if necessary, the military, coordinated with relevant authorities. In such cases, the military forces act under judicial authority and are considered judicial officers.

 

Article 145

If the occupant of the property or object being inspected refuses to open locked areas or items, the investigating judge may order their opening, but efforts should be made to avoid causing damage.

Note: If material damage occurs during the enforcement of this article and a definitive decision leads to the issuance of a dismissal, cessation, or acquittal, or if the individual refusing access is not the perpetrator—even if the case results in a prosecution or conviction—the government is responsible for compensating the damage unless the fault of the investigating judge or other officers is established. In such cases, the government will compensate and seek reimbursement from the responsible individuals.

 

Article 146

Only documents, writings, and items related to the crime may be seized from the accused. The investigating judge must act cautiously regarding other writings and items to prevent the disclosure of unrelated content. Failure to do so constitutes the crime of disclosure of secrets.

 

Article 147

Instruments and tools used in the commission of a crime, such as weapons, forged documents, counterfeit coins, and any items discovered during the search that relate to the crime or are linked to the accused’s confession, will be seized, described, and numbered in the minutes. These items are then stored in appropriate packaging or locations, and a receipt containing their description is provided to the owner or possessor. The seized property is kept in a suitable place designated by the judiciary.

Note: The method of storage and the associated expenses, funded by the judiciary’s budget, are determined by a regulation drafted by the Minister of Justice and approved by the Head of the Judiciary within three months of the law’s enactment.

 

Article 148

If a decision to dismiss, suspend, or terminate prosecution is issued, the investigating judge must decide on the return or destruction of discovered items that were evidence or tools of the crime, acquired from the crime, used during its commission, or designated for use in its commission. The court decides on the confiscation of such items.

The investigating judge must issue an order for the return of such items to interested parties upon request if the following conditions are met:

1. a) Their presence is unnecessary for investigation or trial.
2. b) The items are uncontested.
3. c) They are not subject to confiscation or destruction.

Note 1: In all criminal cases, the court must decide on the return, confiscation, or destruction of items and property when issuing a verdict.

Note 2: Anyone affected by the judge’s or court’s decision regarding the items may appeal under the regulations, even if the judge’s or court’s decision on the criminal case is not appealable. The appeals process is handled by the court of appeal.

 

Article 149

If the upkeep of property requires disproportionate costs, risks damage or significant devaluation, or is perishable and urgent, the investigating judge may, with the prosecutor’s approval or the court’s order, sell it at the current market value. The proceeds are held in the judiciary’s deposit fund as trust until a final decision is made.

Note 1: Unauthorized interference, use, or misappropriation of seized items is prohibited.

Note 2: Claimants to ownership are prioritized if they pay the stated price.

 

Article 150

The monitoring of individuals’ telecommunications is prohibited unless it concerns national security or involves the detection of crimes listed under clauses (a), (b), (c), and (d) of Article (302). Such monitoring requires the approval of the Head of the Provincial Judiciary and must specify the duration and frequency of monitoring. Monitoring the communications of officials and individuals under Article (307) requires the Chief Justice’s direct approval, which cannot be delegated.

Note 1: The specifics of telecommunications monitoring are determined by the National Security Council’s resolutions.

Note 2: Monitoring the communications of convicts is prohibited unless authorized by the initial court or the enforcement judge overseeing the execution of sentences.

 

Article 151

In urgent cases, the investigating judge may monitor individuals’ bank accounts for crime detection or evidence gathering, subject to the approval of the local judicial chief.

 

Article 152

The inspection of the accused’s postal correspondence is permitted only when strong suspicion exists of discovering a crime, obtaining evidence, or identifying the accused. The investigating judge may request the relevant authority to seize such correspondence and deliver it to them. If seizure is not possible, the authority must inform the judge and seek instructions. Upon receipt, the judge examines the correspondence in the presence of the accused or their lawyer, documenting the process in the minutes. Items of no significance are returned to the sender or the owner with a receipt.

Note: Necessary inspections of a convict’s correspondence are conducted by trusted prison officers as determined by the court. If deemed appropriate, the correspondence is either sent or handed to the convict. If not approved, the correspondence is seized, and the court is informed.

 

Article 153

Officials and agents of ministries, organizations, government institutions, state-owned companies, public non-governmental institutions or organizations and their affiliates, military and law enforcement organizations, banks, financial and credit institutions, notary offices, and other entities subject to specific mention in the law are required to provide the means, evidence, and information related to a crime, along with the necessary documents and records that are essential for criminal investigation, upon the request of the judicial authority. This is unless the documents are classified or confidential, in which case such requests must be approved by the head of the judiciary. Violation of this article, if not intended to help the accused avoid trial or conviction, will result in a temporary suspension from government or public service for a period of three months to one year.

Note: Regarding classified and confidential documents related to the armed forces, the head of the judiciary may delegate this authority to the head of the Judicial Organization of the Armed Forces.

 

Article 154

If the accused hands over writings, documents, evidence, and other materials related to the crime to their lawyer or another person, the investigating judge may review them in the presence of the lawyer or the other person. If these individuals refuse to provide them, they will be punished according to the law for helping the accused avoid trial. However, if they have a valid excuse, they must submit the materials to the investigating authority. Writings, documents, and materials unrelated to the crime must not be demanded or reviewed.

 

Article 155

If the investigating judge deems it necessary, either on their own initiative or at the request of one of the parties, they may refer the matter to an expert for analysis. The judge must specify the precise issue on which expert opinion is required.

 

Article 156

The investigating judge will select an expert by drawing lots from the official judicial experts qualified in the relevant field. If there are multiple experts, the selected number must be odd, so that in case of disagreement, the majority opinion will prevail.

Note 1: The majority opinion is valid if the experts have equal qualifications.

Note 2: If a field lacks official judicial experts or there are not enough available, the investigating judge may select an expert from a neighboring jurisdiction or a specialist in the relevant field.

 

Article 157

The investigating judge must determine the expert’s fee, considering the quantity, quality, and value of the work, before referring the matter to them. If, after the expert’s report, it is determined that the fee was not appropriate, the judge will determine the final amount and issue instructions for payment. In any case, the fee must not exceed the official tariff.

 

Article 158

The expert selected by the investigating judge is obligated to carry out the examination unless the judge determines a valid excuse or if the expert is disqualified, in which case the expert must inform the judge in writing before proceeding.

Note: The reasons for disqualifying an expert are the same as for disqualifying a judge.

 

Article 159

The investigating judge must specify a deadline for the expert to submit their opinion. If more time is needed, the expert must submit a report detailing the actions taken and request an extension, providing the reasons. The judge may extend the deadline once. This extension must be communicated to both the expert and the parties involved. If the expert does not submit their opinion within the designated time, a new expert will be appointed. However, if the expert submits their opinion before a new expert is appointed or an extension is issued, the judge will consider the opinion.

 

Article 160

The investigating judge may ask the expert questions either in writing or orally, and the results must be recorded in the official minutes. If any aspect is crucial for uncovering the truth, the expert is obligated to provide an opinion on those issues at the request of the investigating judge.

 

Article 161

Except in urgent cases, once the expert’s fee has been paid, they are notified to submit their opinion within the deadline specified in the expert referral. The parties involved will be notified of the expert’s opinion. The parties may review the expert’s opinion in the investigating office within a week of notification and provide their written response.

 

Article 162

Witnesses and others entitled to be present during the expert examination may express their objections to the expert’s opinion, providing reasons. These objections will be recorded in the official minutes.

 

Article 163

If the expert’s opinion is incomplete or further clarification is required, the investigating judge will note the necessary details in the official minutes and invite the expert to provide clarification. If the expert fails to appear without a valid excuse, they will be summoned.

Note: If after obtaining the expert’s clarification, the investigating judge finds the opinion still incomplete, they will issue an order to complete it and assign the task to the same or a different expert.

 

Article 164

If an expert is present during the examination and consultation but refuses without a valid excuse to provide an opinion, attend the session, or sign the expert report, the majority opinion will be followed. The absence or refusal of the expert will be recorded in the minutes by the other experts.

 

Article 165

If the expert’s opinion is in doubt or if there is disagreement among multiple experts, the investigating judge may invite additional experts up to two more times or may refer the matter to a specialized professional in the relevant field for their opinion.

 

Article 166

If the expert’s opinion does not align with the facts of the case, the investigating judge will reject the opinion with reason and refer the matter to another expert.

 

Article 167

If any party to the case is harmed by an expert’s misconduct, they may seek compensation for damages in accordance with the relevant laws and regulations.

 

Chapter 6: Summoning and Investigating the Defendant, Witnesses, and Informants

Section One: Summoning, Arresting, and Investigating the Defendant

Article 168

The investigating judge must have sufficient evidence before summoning or arresting someone as a defendant.

Note: Violating the provisions of this article may result in disciplinary punishment up to level four.

 

Article 169

The defendant is summoned via a summons. The summons is issued in two copies: one is delivered to the defendant, and the other is returned to the delivering officer after the defendant signs it.

 

Article 170

The summons must include the full name of the defendant, the date, time, location of appearance, the reason for the summons, and the consequence of failure to appear, and must be signed by the judicial authority.

Note: In cases where the judicial authority deems it necessary to protect the defendant’s social status, public decency, or public safety, the reason for the summons may be omitted. However, the defendant may inquire about the reason by visiting the judicial office.

 

Article 171

The time between the delivery of the summons and the time of the defendant’s appearance before the investigator must not be less than five days.

 

Article 172

The delivery of the summons is carried out by delivery officers without the use of formal uniforms and with the presentation of an identification card.

 

Article 173

If the summoned person is illiterate, the delivery officer must explain the contents of the summons to them.

 

Article 174

If the delivery of the summons is not possible due to the unknown whereabouts of the defendant, and efforts to locate the defendant fail, and delivery by other means is also not feasible, the defendant will be summoned through the publication of a notice in a widely circulated national or local newspaper. The notice must include the charge and a one-month deadline from the date of publication. In this case, after the expiration of the deadline, the investigator will proceed with the case and issue an opinion.

Note: In crimes where, as determined by the investigator, the defendant’s social reputation, honor, or public security are at stake, the charge will not be mentioned in the public notice.

 

Article 175

The use of computer and telecommunications systems, such as email, video communication, fax, and phone, for filing complaints or lawsuits, referring files, summoning the defendant, delivering judicial documents, and conducting judicial assistance, is allowed in accordance with the provisions related to electronic proceedings.

Note: The conditions and procedures for the use of computer and telecommunications systems as described in this article will be determined by regulations prepared within six months of the law’s enactment by the Minister of Justice and approved by the Chief Justice.

 

Article 176

The Judiciary can outsource the delivery of judicial documents to the private sector. The details of the implementation of this article will be based on regulations prepared within six months of the law’s enactment by the Ministers of Justice and Communications and Information Technology and approved by the Chief Justice.

 

Article 177

Other procedures and rules for the delivery of summons and other judicial documents will be carried out according to the Civil Procedure Code.

 

Article 178

The defendant is obligated to appear at the specified time and must provide a valid excuse if unable to do so. The following are considered valid excuses:

1. A) Not receiving or receiving the summons too late to allow for attendance.
2. B) The defendant’s illness or serious illness of their parents, spouse, or children preventing attendance.
3. C) Death of the spouse or a relative up to the third degree of kinship.
4. D) Exposure to major accidents such as infectious diseases or natural disasters like floods or earthquakes, preventing travel.
5. E) The defendant being in custody or prison.
6. F) Other circumstances that, according to customary practice, the investigator deems a valid excuse.

Note: In other cases, the defendant may inform the investigator of the reason for their non-attendance before the scheduled time and obtain their consent. In this case, the investigator can extend the deadline by up to three days, provided there is no delay in the investigation.

 

Article 179

If the defendant fails to appear without a valid excuse or does not provide an excuse, they will be summoned by the investigator.

Note: If the summons was legally delivered and the investigator suspects that the defendant was unaware of it, they will be summoned once again.

 

Article 180

The investigator may issue a summons for the defendant without sending a prior summons in the following cases:

1. A) In crimes where the legal penalty is the death penalty, amputation, or life imprisonment.
2. B) When the defendant’s place of residence, work, or business is unknown, and efforts to locate them have failed.
3. C) In cases of crimes classified as serious, where there is concern that the defendant might flee, hide, or collude.
4. D) In cases involving organized crime or crimes against national security.

 

Article 181

The summons is made by a summons form. The contents of the form, including the defendant’s details and the reason for the summons, must be signed by the investigator and delivered to the defendant.

 

Article 182

After the delivery of the summons, the officer must invite the defendant to appear before the investigator. If the defendant refuses, the officer may arrest them and bring them before the investigator, with assistance from other officers if needed.

 

Article 183

Summonses must be carried out during the day, and the case must be addressed on the same day by the investigator or on-duty judge.

Note: The determination of emergency cases depends on the nature of the crime, the defendant’s situation, the manner of the crime, and the likelihood of the defendant fleeing. The investigator records such cases in the case file.

 

Article 184

If the defendant’s fugitive status is confirmed by the investigator, the summons form will be given to judicial agents with a set validity period, so that wherever the defendant is found, they can be arrested and brought to the investigator.

Note 1: If the defendant cannot be arrested within the specified time, the agents must report the reason for the failure.

Note 2: If necessary, the investigator may give the summons form to the plaintiff for a specific period so that, with their introduction, judicial agents in the relevant jurisdiction may arrest and deliver the defendant.

Note 3: If the defendant is hiding at their home or workplace or another location, the agents must obtain a court order to enter that place.

 

Article 185

Judicial agents must immediately bring the arrested defendant before the investigator. If the investigator or the alternative judicial authority is not available, the defendant must be brought in the first available working hour. Any delays in delivering the defendant must be noted in the case file, and the detention cannot exceed 24 hours.

Note: The regulations in Articles (49) to (53) of this law regarding detained defendants must be followed.

 

Article 186

During consecutive holidays, the on-duty judge will take the defendant’s file, prepare a record, and make necessary decisions. The file will be returned to the investigator’s department on the first working day after the holiday with a report of actions taken.

 

Article 187

If the person summoned or arrested is unable to appear before the investigator due to illness, old age, or other reasons deemed valid by the investigator, and if the criminal matter is urgent, the investigator may go to their location to conduct the necessary investigation.

 

Article 188

Until the defendant is located, the investigator may, based on the importance of the case and evidence of the crime, issue an order preventing the defendant from leaving the country. This order is valid for six months and can be extended. If the defendant is present for questioning or a decision to suspend or drop charges is made, the exit prohibition is lifted.

 

Article 189

The investigator must begin the investigation immediately upon the defendant’s appearance or arrest, or at the latest, within 24 hours of being placed under the custody of judicial agents. If the investigator is absent or refuses to start the investigation for legal reasons, the case will be transferred to another investigator or, if necessary, to the court.

Note: Keeping a defendant in custody for more than 24 hours without initiating the investigation or determining their status is considered unlawful detention and will result in legal punishment for the perpetrator.

Article 190

During the preliminary investigation, the defendant may have one lawyer present. This right must be communicated to the defendant before the investigation starts. If the defendant is summoned, this right will be mentioned in the summons. The defendant’s lawyer can make statements about the case, which will be recorded in the case file.

Note 1: Denying the right to have a lawyer or failing to inform the defendant of this right may result in disciplinary penalties.

Note 2: In cases where the punishment is the death penalty or life imprisonment, if the defendant fails to appoint a lawyer during the preliminary investigation, the investigator will assign one.

Note 3: In cases involving offenses against public morality, the provisions of Article 191 apply.

 

Article 191

If the investigator deems it necessary to deny access to certain documents or evidence for the sake of uncovering the truth or if the case involves crimes against national security, a decision to deny access will be made. This decision must be communicated to the defendant or their lawyer and is subject to appeal within three days.

 

Article 192

The investigation of the plaintiff and defendant is private and individual, except in cases of offenses that can be forgiven, where the proceedings may be held in public. The investigator must attempt to promote reconciliation or mediation when possible.

 

Article 193

The investigator first examines the identity documents of the accused and then asks for the accused’s details, including their first and last name, father’s name, alias, age, occupation, level of education, marital status, number of children, nationality, religion, criminal record in relevant cases, as well as the address of their residence and workplace, including city, district, village, street, alley, house number, postal code, national ID number, email, and both landline and mobile phone numbers. This information must be gathered in a way that makes it easy to serve subpoenas and other legal documents to the accused.

 

Article 194

At the beginning of the investigation, the investigator informs the accused that the place they declare as their residence will be their legal residence. If they change their residence, they must notify the new address in a manner that allows the delivery of legal documents; otherwise, subpoenas and other documents will be sent to the previously declared residence. Changing the address to delay the process or make the delivery of documents difficult is not acceptable, and all documents will be served at the previously declared address. It is the responsibility of the official handling the case to determine if the change of address is for the purpose of delay. These regulations also apply to the plaintiff or private complainant regarding the declaration of their address.

 

Article 195

Before beginning the investigation, the investigator informs the accused of their rights and cautions them to be careful with their statements. Then, the investigator clearly informs the accused of the accusation and the evidence against them, and informs them that confessing or cooperating could lead to a reduced sentence in court. After that, questioning begins. The questions must be useful, clear, related to the accusation, and within its scope. Leading questions or those designed to deceive, coerce, or force the accused are prohibited.

Note: The accused’s lawyer may warn the investigator if leading questions or any illegal actions are taken.

 

Article 196

Violation of the provisions of Articles (193) to (195) may result in disciplinary punishment up to grade four.

 

Article 197

The accused has the right to remain silent. In this case, their refusal to answer or sign the statement is noted in the minutes.

 

Article 198

Except in cases of direct confrontation, the investigator conducts individual investigations of the accused. The accused should not discuss or negotiate with each other.

 

Article 199

The responses to questions must be recorded without alteration, change, or distortion, and after being read to the accused, they must sign or fingerprint them. If the accused is literate, they write their own response unless they choose not to exercise this right.

 

Article 200

The investigator must appoint a reliable translator from official translators for any plaintiff, private complainant, accused, witness, or informant who cannot speak Persian. If no official translator is available, another trusted translator should be chosen. The translator must swear an oath to be truthful and faithful. Failure to swear the oath does not invalidate the translation.

 

Article 201

For any plaintiff, private complainant, accused, witness, or informant who is deaf or cannot speak, the investigator appoints a reliable person with the ability to convey meaning through gestures or other technical means. This person must also swear an oath of truthfulness and fidelity. If the person is able to write, the clerk will write the questions for them to answer in writing.

 

Article 202

If the investigator suspects that the accused was insane at the time of committing the crime, they conduct investigations with relatives and other knowledgeable persons, obtain a forensic medical opinion, and if insanity is confirmed, the case is sent to the prosecutor with an order to suspend the investigation. If the prosecutor agrees with the investigator’s opinion and the insanity is ongoing, the insane person is transferred to a specialized care and treatment center under the supervision of the Ministry of Health, Treatment, and Medical Education or the Ministry of Welfare. These centers are obliged to accept the person, and if they refuse, they are punished according to the Islamic Penal Code.

Note 1: The executive regulations for this article are prepared by the Minister of Justice in cooperation with the Ministers of Health and Social Welfare, and approved by the Head of the Judiciary.

Note 2: If the crimes covered by this article involve payment of blood money (diya), the relevant regulations apply.

Article 203: For crimes punishable by death, amputation, life imprisonment, or fourth-degree punishment and higher, as well as for intentional bodily harm crimes where the blood money exceeds one-third of the full blood money or more, the investigator is required to order the creation of a character file for the accused by the social work unit. This file, separate from the criminal case file, must contain:

1. The social worker’s report on the accused’s material, familial, and social status.
2. Medical and psychiatric reports.

 

Section Two – Summoning and Investigating Witnesses and Informants

Article 204

The investigator, at their discretion or upon request from the plaintiff, private complainant, or authorities, summons any person they deem essential for clarifying the case according to the law.

Note 1: If the witness or informant does not have a valid excuse for not attending, they may be forcibly brought in. If they have a valid excuse and the investigator accepts it, they will be re-summoned, and if they still fail to attend, they will be forcibly brought in.

Note 2: If the evidence in the case does not rely solely on witness testimony, questioning of witnesses and informants can be conducted electronically, following the regulations on electronic trials.

 

Article 205

If the witness or informant is from the armed forces, they must be invited at least twenty-four hours before the investigation or trial session through their commander or superior. The relevant commander or superior is obliged, after receiving the judicial order, to send the summoned person at the specified time.

 

Article 206

Investigation and questioning of witnesses and informants before court proceedings are confidential.

 

Article 207

The investigating judge interrogates each witness or informant separately and without the presence of the defendant, and the clerk records their information, obtaining their signature or fingerprint. Re-investigation of witnesses and informants is allowed when necessary or in cases of confrontation. The reason for necessity must be recorded in the minutes.

 

Article 208

After the witnesses and informants have arrived, the investigating judge first records the names of those present in the minutes and then interrogates them in the order they deem appropriate.

 

Article 209

Before starting the investigation, the judge informs the witness of the penalty for perjury and withholding testimony, and asks for the witness’s name, surname, father’s name, age, occupation, education level, religion, residence, email address, phone numbers (landline and mobile), criminal conviction history, degree of relationship (either by blood or marriage), and whether there is a servant-master relationship with the parties involved in the case, recording these details in the minutes.

 

Article 210

Before giving their testimony, witnesses and informants must swear the following oath: “I swear by Almighty God that I will speak nothing but the truth and will state all the facts.”

 

Article 211

The investigating judge may listen to the statement of a witness or informant who does not meet the requirements for testifying, without administering the oath, for further information.

 

Article 212

The statements of the witnesses and informants are recorded in the minutes, after which the text is read out loud and their signature or fingerprint is obtained. If they refuse to sign or provide a fingerprint or refuse to testify, or are unable to do so, this will be noted in the minutes, and all pages of the minutes will be signed by the investigating judge and the clerk.

Note: The investigating judge is required to ask the witness or informant the reason for their refusal to sign, fingerprint, or testify, and to record the answer in the minutes.

 

Article 213

Informing someone who has not been summoned as a defendant, such as a witness or informant, of the charges is prohibited. If this person is later implicated in the charges, they must be summoned as a defendant at a later date according to the regulations.

 

Article 214

If there is a risk of physical, reputational, or financial harm to the witness, informant, or their family, but their testimony is essential, the investigating judge must take measures to protect the witness or informant and state the reasons in the case file. These measures include:

1. Preventing direct confrontation between the witness/informant and the plaintiff or defendant.
2. Keeping the identity, family details, and residence or workplace of the witness/informant confidential.
3. Taking the testimony of the witness or informant outside of the prosecution office using remote communication methods.

Note 1: If the witness or informant is identified by the defendant(s) or plaintiff, or if there are signs or evidence suggesting a risk of identification and harm, the investigating judge, upon the witness or informant’s request, will take necessary protective measures, such as ensuring physical and mental safety or relocating them. The details of these measures will be established by regulations issued within six months from the enforcement of this law by the Ministry of Justice and approved by the head of the judiciary.

Note 2: These arrangements must be made in a way that does not violate the defendant’s rights to defense.

Note 3: The procedures outlined in this article and its first note will also apply during court proceedings.

 

Article 215

If a witness or informant requests transportation costs or claims damage due to missing work, the investigating judge will determine the transportation costs according to the tariff set by the judiciary, and if necessary, will assess the damage from missing work with the help of an expert, obligating the plaintiff to deposit the amount with the judiciary. If the plaintiff is unable to pay, or if the summons is issued by the investigating judge, the costs will be covered by the judiciary’s approved budget. In cases of offenses subject to private prosecution, if the plaintiff refuses to pay despite having the financial means, the testimony of the witnesses or informants they have introduced will not be heard. In cases of non-compoundable crimes, the costs will be paid as instructed by the investigating judge from the judiciary’s budget. If the defendant requests the witness or informant’s summons, the costs will be covered by the judiciary’s budget.

 

Article 216

If a witness or informant is unable to attend due to illness or old age, or if there are numerous witnesses or informants in one or more locations, or if the urgency of the matter requires it, the investigating judge will go to their location to conduct the investigation.

 

Chapter 7: Security Measures and Judicial Supervision

Article 217

In order to ensure the defendant’s access and timely presence, prevent their flight or concealment, and guarantee the rights of the victim for compensation, the investigating judge, after informing the defendant of the charges and conducting necessary investigations, will issue one of the following security measures if there is sufficient evidence:

1. Commitment to appear with a personal guarantee.
2. Commitment to appear with a specified fine.
3. Commitment not to leave the jurisdiction with a personal guarantee.
4. Commitment not to leave the jurisdiction with a specified fine.
5. Commitment to periodically report to the judicial or law enforcement authority weekly or monthly with a specified fine.
6. Commitment of government employees or armed forces to appear with a specified fine, with the defendant’s agreement, after obtaining a payment guarantee from their salary by the relevant organization.
7. Commitment not to leave their home or designated place of residence with the defendant’s agreement, with a specified fine, either through electronic monitoring or without such monitoring.
8. Taking a guarantor with a specified bond.
9. Taking collateral, such as cash, a bank guarantee, or movable or immovable property.
10. Temporary detention according to the conditions prescribed by law.

Note 1: If the defendant refuses to accept the security measure under item (1), the measure will be changed to a commitment to appear with a specified fine, and if the defendant refuses the measures under items (2), (3), (4), or (5), a bail decision will be issued.

Note 2: Regarding items (3) and (4), leaving the jurisdiction may be permitted with the judge’s consent.

Note 3: In non-intentional crimes, if the judicial authority determines that compensation for the victim’s rights can be achieved through other means, bail or collateral is not allowed.

 

Article 218

For multiple charges against a defendant, a single security measure will be issued unless the investigation of the crimes falls under the jurisdiction of different courts, in which case, a separate and appropriate security measure will be issued for each crime based on the jurisdiction of each court.

 

Article 219

The amount of the bond, bail, and security deposit must, in no case, be less than the damage caused to the victim. In cases where the blood money (diya) or compensation for the damage caused is covered by insurance, the investigating judge will issue an appropriate security measure, considering the amount payable by the insurance.

 

Article 220

If the defendant wants to deposit a security instead of providing a surety, the investigating judge is obligated to accept it and convert the measure. In this case, the defendant may request the release of the security at any time by introducing a surety.

 

Article 221

A surety may only be accepted if their financial capability to pay the bail amount is beyond doubt, as determined by the investigating judge. If the judge doubts the surety’s financial capability, the matter will be immediately referred to the prosecutor for review. The prosecutor must investigate and give an opinion on the matter on the same day. The prosecutor’s decision is binding for the investigating judge. If the prosecutor agrees with the judge’s decision, it will be recorded in the case file.

Note: Accepting the surety of legal entities is permitted under the provisions of this article.

 

Article 222

If the investigating judge rejects the written request of a bail provider, the reason must be documented in the case file. Violating the provisions of this article results in a disciplinary penalty of grade four or higher.

 

Article 223

The investigating judge will issue a decision regarding the acceptance of the bail or surety. After the surety or bail provider signs, the judge will also sign it and provide them with a copy of the decision upon request.

 

Article 224

When issuing a decision accepting a surety or security deposit, the investigating judge must inform the surety or bail provider that if the defendant is summoned and fails to appear without a valid excuse, or if the defendant is not introduced by the surety or bail provider, the bail or security deposit will be forfeited according to the regulations of this law.

Note: The provisions of Article 194 of this law must also be explained to the surety or bail provider.

 

Article 225

The security decision must be immediately communicated to the defendant, and a copy must be handed to them. If the decision leads to detention, the details will be included in the transfer form.

 

Article 226

A defendant for whom a bail or surety measure has been issued will be introduced to the detention facility until a surety is provided or a security deposit is made. However, if detained, the defendant may object to the original decision leading to detention or the non-acceptance of the surety or security deposit within ten days of the decision’s notification.

Note: The authority issuing the decision and the head or deputy of the prison must ensure that the defendant can contact individuals they wish to introduce as a surety or security provider. If the defendant or their surety introduces them at any time, even outside of working hours, and the legal conditions are met, the issuing authority or the on-duty judge must accept it.

 

Article 227

The delivery of the defendant by the official agent will be registered in the detention facility records. The person delivering the defendant will receive a receipt with the date and time of the transfer, which is then submitted to the investigating judge.

 

Article 228

At any stage of the investigation or trial, the surety or bail provider may request to be released from responsibility or to have their deposit returned, based on the case’s progress. The relevant authority must immediately arrange for the release or return of the deposit.

Note: In cases where the defendant is held for another reason by other authorities, the surety or bail provider may request their transfer, after which the procedures of this article will be applied.

 

Article 229

The defendant cannot request to be excused from the surety or bail provider except when their presence is necessary for investigations, trial, or the execution of a sentence.

Note: Violating the provisions of this article results in a disciplinary penalty of up to grade four.

 

Article 230

If a security decision is made, and the defendant has committed to appearing or deposited bail, and if they fail to appear without a valid excuse, and after proper notification, the stipulated bond amount will be collected or the security deposit equivalent to the bond amount will be forfeited. If the defendant has introduced a surety or another person has provided a security deposit, they will be notified to present the defendant within one month. If the defendant is not delivered, the bond or security deposit will be forfeited by the order of the prosecutor. This order will be executed without the need for an enforcement order, in accordance with the civil execution regulations.

Note: Any excess amount over the bond will be refunded to the bail provider after deducting necessary costs related to the enforcement of the order.

 

Article 231

If it is proven that the defendant, surety, or bail provider has deliberately failed to notify the actual address or has made it difficult for proper notification to be delivered, and this is confirmed by the investigating judge, the legal notification for the forfeiture of the security deposit, collection of the bond, or the forfeiture of the bail amount is sufficient.

 

Article 232

The blood money (diya) and compensation for damages are deducted from the bond or bail if they cannot be covered by insurance and the defendant does not appear, and the surety or bail provider also fails to present the defendant without a valid excuse.

 

Article 233

If the security decision includes a penalty payment, or if the defendant has deposited a security, and the defendant fails to appear and it cannot be collected from insurance, the victim’s blood money and damages will be collected from the security deposit. Additionally, in the case of a bond, if the defendant is present but unable to pay, the penalties will be collected from the security deposit after excluding exemptions from debt.

 

Article 234

If the surety or bail provider dies, the acceptance of the bail or security is nullified, and the defendant must either introduce a new surety or deposit new security unless the prosecutor has issued an order for the collection of the bond or the forfeiture of the security.

 

Article 235

The defendant, surety, or bail provider may object within ten days of receiving the prosecutor’s order regarding the collection of the bond, the forfeiture of the security, or the bail amount. The authority responsible for reviewing this objection is the criminal court of the second instance:

1. a) If they claim that the regulations regarding the collection of the bond or security were not followed.
2. b) If they claim the defendant appeared on time or was made to appear.
3. c) If they claim the defendant could not appear due to reasons stated in Article 178 of this law, or the surety/bail provider could not present the defendant for the same reasons.
4. d) If they claim they have become insolvent after the decision for the surety or bail was accepted.
5. e) If the surety or bail provider claims they were unable to deliver the defendant due to their death within the prescribed period.

Note 1: The court will review all of these objections immediately, without following the usual legal procedures, and its decision is final.

Note 2: The authority reviewing objections regarding the order of the head or judge of the public court of the section will be the criminal court of the second instance from the closest county.

Note 3: In the case of item (d), the court will review the claim of insolvency and, if verified, will exempt the surety or bail provider from paying the bond or the security amount.

 

Article 236

If the defendant appears before the judicial authority or their guarantor or bailer appears before the authority after the prosecutor issues an order to collect the bond or bail money or to confiscate collateral, and before the execution process is completed, the prosecutor may revoke the order and issue a new one for collecting or confiscating up to one-quarter of the bond amount. In this case, the validity of the security measure remains in effect. If the defendant has provided the collateral themselves, they are obligated to complete the payment of the bond. If a third party has acted as the guarantor or provided collateral for the defendant and does not request to be released from their responsibility, they must complete the payment of the bond. If the third party requests to be released from their responsibility, the defendant shall, as the case may be, introduce a new guarantor or provide new collateral.

Note 1: If the defendant or the collateral provider or guarantor deposits an amount equivalent to the specified bond amount in the government treasury within ten days of receiving the order to confiscate part of the bond, the confiscation will not take place, and the validity of the issued security measure remains in full force.

Note 2: If foreign nationals are under prosecution and request it, the investigating judge is obligated to immediately inform the Prosecutor General’s Office of their details and the charges against them for necessary actions, so that this information can be passed on to the relevant authorities as per regulations. If the prosecution of these individuals leads to a final conviction, the enforcement judge shall send a summary of the judgment to the Prosecutor General’s Office for the execution of this note. If a consulate requests a meeting with the defendant, the matter shall be referred to the Prosecutor General’s Office, and actions will be taken according to their instructions.

 

Article 237

Issuing a temporary detention order is not allowed except in the case of the following crimes, where there is sufficient evidence, signs, or indications pointing to the defendant’s involvement:

1. a) Crimes punishable by the death penalty, life imprisonment, amputation, or intentional bodily harm with a diyah (blood money) of one-third or more of the full diyah.
2. b) Crimes classified as corrective offenses of the fourth degree or higher.
3. c) Crimes against national security, both internal and external, punishable by penalties of grade five or higher.
4. d) Harassment and disturbance of women, children, and individuals through the use of knives or any kind of weapon.
5. e) Theft, fraud, bribery, embezzlement, breach of trust, forgery, or the use of forged documents, if these crimes are not subject to clause (b) of this article, and the defendant has a previous conviction for any of the aforementioned crimes.

Note: Provisions for mandatory temporary detention in special laws, except for military crime laws, are repealed as of the enactment of this law.

 

Article 238

Issuance of a temporary detention order under the circumstances outlined in the previous article is contingent upon one of the following conditions:

1. a) The defendant’s freedom would result in the destruction of evidence or the collusion with other suspects, witnesses, or informants, or would cause witnesses to refuse to testify.
2. b) There is a risk that the defendant may flee or go into hiding, and there is no other way to prevent this.
3. c) The defendant’s freedom would disturb public order or endanger the life of the complainant, witnesses, their families, or the defendant.

Article 239

The temporary detention order must be substantiated and justified, including the legal grounds and evidence, and the defendant’s right to object must be stated in the order. Upon the issuance of the temporary detention order, the defendant shall be transferred to detention. If the defendant is detained to prevent collusion, the reason for this shall be stated in the transfer document.

 

Article 240

The temporary detention order must be sent immediately to the prosecutor. The prosecutor is obligated to provide their written opinion to the investigating judge within a maximum of twenty-four hours. If the prosecutor disagrees with the detention order, the dispute shall be resolved by the competent court, and the defendant shall remain in detention until the court’s decision, which shall not exceed ten days.

 

Article 241

If the reason for detention is resolved and there is no other cause for its continuation, the investigating judge, with the prosecutor’s consent, shall immediately release the defendant. If the prosecutor disagrees with the decision, the dispute shall be resolved by the competent court. If the defendant believes that the grounds for their detention are no longer valid, they can request the annulment or conversion of the detention order from the investigating judge. The investigating judge shall respond to the defendant’s request within five days, providing a reasoned opinion. If the request is denied, the decision is recorded in the file, and the defendant is notified. The defendant may appeal the decision within ten days. The defendant may only submit this request once a month.

 

Article 242

If the defendant has been in detention for up to two months in the case of crimes listed in subparagraphs (a), (b), (p), and (t) of Article 302 of this law, and up to one month for other crimes, due to a security measure without the case reaching a final decision in the prosecution office, the investigating judge is obligated to revoke or reduce the security measure. If there are valid reasons for continuing the measure, it shall remain in effect, and the defendant will be notified. The defendant may appeal this decision to the competent court within ten days. The revocation or reduction of the measure is not subject to the prosecutor’s approval, but the continuation of the security measure must be confirmed by the prosecutor. If the prosecutor disagrees, the dispute will be resolved by the competent court. The maximum detention period should not exceed the minimum punishment for that crime, and in crimes subject to the death penalty, the period should not exceed two years, and in other crimes, one year.

Note 1: The maximum detention period includes the total of all orders issued by the prosecution office and the court and includes all detention orders.

Note 2: The investigating judge must issue an opinion regarding the defendant’s request in accordance with Article 241 if no decision has been made about the measure under Article 242.

 

Article 243

The investigating judge may, at any stage of the investigation and in compliance with the regulations of this law, increase or reduce the severity of the security measure.

Note: Increasing or reducing the security measure includes changing the type or amount of the measure.

 

Article 244

The prosecutor may request the investigating judge to increase or reduce the security measure before the indictment is issued. If there is no agreement between the prosecutor and the investigating judge, the case shall be sent to the court for resolution, and the investigating judge will act according to the court’s decision. After the indictment, the prosecutor may request the relevant court to increase or reduce the security measure. The defendant may also request a reduction in the measure. The request for an appeal does not prevent the court from considering the request. If the request is denied, the denial will be recorded in the file. The court’s decision in these cases is final.

Note 1: The prosecutor’s or defendant’s request for an increase or decrease in the measure, as provided in this article, can only be made once.

Note 2: If the court finds that the security measure is disproportionate, it will decide to reduce or increase it.

 

Article 245

The competent court, in accordance with Articles 240, 242, and 244 of this law, is obligated to address the dispute between the prosecutor and the investigating judge or the defendant’s appeal as an urgent matter. The court’s decision is final.

 

Article 246

If the defendant’s case is in court, and no security measure has previously been taken or the previous measure has been canceled, the court, on its own or at the prosecutor’s request, shall issue a security measure or judicial supervision order according to the provisions of this law. If the court decides to issue a temporary detention order, this order can be appealed in the provincial appellate court.

 

Article 247

The investigating judge may, based on the crime committed, in addition to issuing a security measure, issue a judicial supervision order, which may include one or more of the following directives for a specified period:

1. a) Periodic reporting to centers or institutions designated by the investigating judge.
2. b) Prohibition of driving motor vehicles.
3. c) Prohibition of engaging in activities related to the committed crime.
4. d) Prohibition of possessing a licensed weapon.
5. e) Prohibition of leaving the country.

Note 1: In the case of offenses of the seventh and eighth degrees, if appropriate guarantees for compensation are provided, the judicial authority may issue only a judicial supervision order.

Note 2: The measures mentioned in this article may be appealed to the competent court within ten days. If the court issues the order, it may be appealed within ten days in the provincial appellate court.

 

Article 248

The validity of the order prohibiting the defendant from leaving the country is six months and can be extended.

If the duration of the prohibition order expires, it will automatically be canceled, and the authorities cannot prevent the defendant from leaving.

Article 249

If a prohibition on possessing a licensed weapon is issued, the weapon and its license will be confiscated and stored at an authorized facility. The investigating judge will notify the issuing authority.

 

Article 250

The security and judicial supervision measures must be reasoned and justified, and should correspond to the type and gravity of the crime, the severity of the punishment, the evidence and grounds for the accusation, the likelihood of the defendant fleeing or hiding, the destruction of evidence, the defendant’s criminal history, mental and physical state, age, gender, personality, and dignity.

Note: The imposition of disproportionate security measures results in disciplinary punishment from grade four and above.

 

Article 251

If the defendant or the convicted person appears within the specified deadlines, or appears later and justifies their absence, upon the commencement of imprisonment, exile, or compulsory residence, or the full execution of other penalties, or the issuance of orders for prohibition, suspension, or termination of prosecution, suspension of the execution of the punishment, or the closure of the case by any means, the security and judicial supervision measures shall be revoked.

Note: In the event of the cancellation of the security or judicial supervision measures, this decision shall be immediately communicated to the relevant authorities.

 

Article 252

The method of implementing the supervision measures and paragraphs (6) and (7) of Article 217 of this law will be regulated by a directive to be prepared within six months of the enforcement of this law, by the Ministers of Justice and Interior, and will be approved by the head of the judiciary.

 

Article 253

If the defendant complies with the orders outlined in the judicial supervision measure, upon their request, which must be approved by the prosecutor, or upon the prosecutor’s suggestion, the court may reduce their punishment in accordance with legal provisions.

 

Article 254

If the defendant violates the judicial supervision measure that was issued alongside the security measure, the judicial supervision order shall be revoked and the security measure shall be intensified. If the defendant violates an independent judicial supervision order, the order shall be converted into a corresponding security measure. The provisions of this article shall be explained to the defendant at the time the judicial supervision measure is issued.

Note: Under the implementation of this article, the issued order cannot be converted into temporary detention.

 

Article 255

Persons who are detained during preliminary investigations or proceedings and are acquitted or have a dismissal order issued by judicial authorities may claim compensation for their detention period from the government, in accordance with Article 14 of this law.

 

Article 256

The detained person is not entitled to compensation in the following cases:

1. a) If the detention is due to refusal to present documents, evidence, or proof of their innocence.
2. b) If they intentionally placed themselves under suspicion and detention to help the criminal escape.
3. c) If they have caused their detention unjustly for any reason.
4. d) If they are detained simultaneously for another legal cause.

 

Article 257

A detained person must submit a compensation request to the provincial commission, consisting of three judges from the Court of Appeal chosen by the head of the judiciary, within six months of receiving the final ruling declaring their innocence. The commission shall issue a compensation ruling if the conditions in this law are met. If the request is rejected, the person may file an appeal with the commission mentioned in Article 258 of this law within twenty days of notification.

 

Article 258

Appeals regarding the detained person’s compensation are handled by the National Compensation Commission, consisting of the Head of the Supreme Court or one of their deputies and two judges from the Supreme Court selected by the head of the judiciary. The decision of the commission is final.

 

Article 259

Compensation as per Article 255 of this law is the responsibility of the government. If the detention is the result of a malicious report, false testimony, or judicial officer negligence, the government may seek redress from the responsible official after compensation is paid.

 

Article 260

A fund will be established in the Ministry of Justice for the payment of compensation under Article 255 of this law. The budget for this fund will be provided annually from the national budget. The fund will be managed under the supervision of the Minister of Justice, who is also responsible for the execution of the rulings issued by the commission.

 

Article 261

The method of handling and executing the decisions of the commissions under Articles 257 and 258 of this law will be regulated by a directive prepared within three months of the law’s implementation, by the Minister of Justice, and approved by the head of the judiciary.

 

Chapter 8 – Actions of the Investigating Judge and Prosecutor After Completion of Investigations

Article 262

After completing the investigations, if there is sufficient evidence of a crime, the investigating judge must inform the defendant or their lawyer that they have the opportunity to present any statements or evidence to prove their innocence or clarify the truth as their final defense. If the defendant or their lawyer presents something during the final defense that contributes to discovering the truth or proving innocence, the investigating judge is required to investigate it.

 

Article 263

If the defendant or their lawyer is summoned for the final defense and fails to attend without a valid excuse, a decision will be made without the final defense.

 

Article 264

After conducting the necessary investigations and determining their sufficiency, the investigating judge must issue a reasoned and documented opinion in the form of a decision within five days at most.

 

Article 265

If the act is criminal and there is sufficient evidence to attribute the crime to the defendant, the investigating judge will issue an indictment. If the act is not criminal or there is insufficient evidence, the judge will issue a dismissal order and immediately send the case to the prosecutor. The prosecutor must review the case within three days and submit their written opinion, sending the case back to the investigating judge. If the case falls under circumstances of prosecution suspension, a suspension order will be issued, and actions will be taken according to the above regulations.

 

Article 266

If the prosecutor believes the investigating judge’s investigation is incomplete, they will detail in the case file the specific points necessary for discovering the truth and request completion. The investigating judge is required to carry out these investigations.

Note: Any request for investigation completion that is unnecessary for discovering the truth will result in disciplinary action up to grade three.

 

Article 267

If the prosecutor agrees with the investigating judge’s decision, in cases of lack of jurisdiction, the case will be sent to the competent authority. In cases of prosecution suspension or dismissal, the investigating judge will notify the parties. In this case, the security and judicial supervision measures will be canceled, and if the defendant is detained, they will be immediately released. The judge is required to annul the security measure in place.

 

Article 268

If both the prosecutor and the investigating judge agree that the defendant should be brought to trial, the prosecutor must issue an indictment within two days and immediately send the case to the competent court through the investigating judge’s office.

 

Article 269

If the prosecutor disagrees with the investigating judge’s opinion and the judge insists, the case will be sent to the competent court to resolve the dispute, and the court’s decision will be followed.

 

Article 270

In addition to the cases specified in this law, the investigating judge’s decisions can be appealed in the following situations:

1. a) The decision to dismiss or suspend prosecution upon the complainant’s request.
2. b) The decision for temporary detention, continuation, or intensification of security measures upon the defendant’s request.
3. c) The decision for securing the claim upon the defendant’s request.

Note: The appeal period for those residing in Iran is ten days, and for those residing outside the country, it is one month from the date of notification.

 

Article 271

The authority to resolve disputes between the prosecutor and the investigating judge, as well as to review the appeal of the complainant or defendant regarding the appealable decisions, lies with the court competent to hear the charge. If the Revolutionary Court or the First Criminal Court has not been established within the judicial district, the Second Criminal Court will have jurisdiction.

 

Article 272

In cases of disagreement between the prosecutor and the investigating judge on jurisdiction, the type of crime, or its legal definitions, the dispute will be resolved by the Second Criminal Court, where the investigation is conducted.

 

Article 273

Disputes between the investigating judge and the prosecutor, and appeals of the complainant or defendant regarding appealable decisions, will be addressed in a special session of the court. The court’s decision is final, except in the case of dismissal or suspension orders in crimes specified in paragraphs (a), (b), (p), and (t) of Article 302 of this law, which, if confirmed, may be appealed in accordance with regulations.

 

Article 274

If the court finds the complainant’s appeal against the dismissal or suspension decision to be justified, it will overturn the decision and issue an indictment. If the court believes the investigations are incomplete, it can request the prosecutor to complete the investigations or do so themselves, without overturning the decision. The court must detail any deficiencies in the investigation in their decision. If the court overturns the suspension decision, the investigating judge will continue their investigation.

 

Article 275

If the case is returned to the prosecutor for further investigation, the prosecutor will conduct the required investigations and, without issuing a decision, send the case back to the court. If any ambiguity arises during the required investigations, the prosecutor will seek clarification from the court.

 

Article 276

If the court overturns the dismissal order and issues an indictment, the investigating judge must summon the defendant, clarify the charges, obtain their final defense, and secure an appropriate measure before sending the case to the court.

 

Article 277

If the suspension decision is overturned, the investigating judge will proceed with the case according to regulations, regardless of the reason for the decision’s invalidation, and will take appropriate action after conducting the necessary investigations.

 

Article 278

If a decision to dismiss prosecution is issued due to the non-criminal nature of the act committed, and it becomes final for any reason, the accused cannot be prosecuted again for the same charge. If the decision to dismiss prosecution is issued due to the absence or insufficiency of evidence and becomes final at the prosecution stage, the accused cannot be prosecuted again for the same charge unless new evidence is discovered. In this case, the accused can be prosecuted once with the prosecutor’s consent. If this decision becomes final at the court level, the prosecutor may request to prosecute the accused once more, with the permission of the competent court for the charge. If the court allows for renewed prosecution, the investigator proceeds according to the regulations.

 

Article 279

The following details must be included in the indictment:

1. a) The accused’s personal details, including first name, last name, father’s name, nickname, age, occupation, national ID number, birth certificate number, nationality, religion, place of residence, and marital status.
2. b) Whether the accused is free, under precautionary custody, or under judicial supervision, including the type of precautionary measure or whether they are detained, along with the reason and the date of detention.
3. c) The type of accusation, including the date and location of the crime (e.g., district, town, village, city, neighborhood, street, or alley).
4. d) Evidence linking the accusation to the accused.
5. e) The legal basis for the accusation.
6. f) The accused’s criminal record, if applicable.
7. g) A summary of the accused’s personality or mental health status.

Note: If an error or clear mistake occurs in the issuance of the indictment, the prosecutor can correct it before sending it to the court. Once the indictment has been sent to the court, any corrections made must be communicated to the court.

 

Article 280

The charge stated in the indictment does not prevent the court from determining the correct legal title. If the totality of the actions committed by the accused becomes clear during the prosecutor’s investigations, and the court considers the charge title to be incorrect, the court must inform the accused of the new charge so they can defend themselves accordingly. The court will then issue its ruling.

 

Article 281

If, before sending the case to the court, there is a reason to release the accused or change their precautionary measure, the prosecutor must act in accordance with the law.

 

Article 282

The prosecutor cannot withdraw or modify the indictment after sending it to the court. However, they may inform the court of any new evidence that arises in favor of or against the accused.

 

Article 283

After the indictment is issued and before it is sent to the court, if the complainant in a crime subject to waiver expresses definitive consent to the prosecutor, and the case is still in the prosecution office, the prosecutor will withdraw the indictment. In this case, the investigator will issue a decision to stop prosecution. In non-waiverable crimes, if the complainant expresses definitive consent, and if the conditions for suspending the prosecution are met, the prosecutor may withdraw the indictment and suspend the prosecution. If the complainant’s consent results in a change in the type of punishment, the prosecutor will issue a new indictment based on the modified conditions.

 

Article 284

If multiple charges are attributed to the accused, and the jurisdiction to address them lies with different courts, separate indictments will be issued for each competent court.

 

Chapter 9 – Preliminary Investigations of Juvenile and Adolescent Offenses

Article 285

A branch of the Public and Revolutionary Prosecutor’s Office will be established at the Juvenile Court with one of the assistant prosecutors in charge, along with one or more investigators. Preliminary investigations of offenses committed by individuals aged 15 to 18 (except those offenses outlined in Articles 306 and 340 of this law) will be conducted at this prosecutor’s office.

Note 1: Preliminary investigations of all offenses committed by individuals under 15 will be directly conducted at the Juvenile Court, which will also carry out all duties usually assigned to judicial officers and prosecutors according to the law.

Note 2: In cases of flagrant crimes, if the perpetrator is a child or adolescent, judicial officers must preserve the tools, instruments, evidence, signs, and indications of the crime but are not permitted to conduct preliminary investigations of the child or adolescent. If they are arrested, the officers must promptly hand them over to the prosecutor or Juvenile Court. Office hours and holidays do not prevent referral to the Juvenile Court.

 

Article 286

In addition to the requirements in Article 203 of this law, a psychological report on juvenile and adolescent offenders must be prepared by the prosecutor or the Juvenile Court in crimes punishable by penalties of grade 5 or 6.

 

Article 287

During preliminary investigations, the judicial authority may place juveniles and adolescents in the care of their parents, guardians, or legal representatives. If these are unavailable or unwilling to accept them, the individual may be placed in the care of any other person or institution deemed appropriate by the authorities. These individuals are responsible for ensuring the accused appears in court when needed. Those aged 15 to 18 must also present themselves to the court.

Note: In cases of necessity, bail or a guarantee can only be taken from those over 15 years old. If they cannot provide a guarantor or bail, or if the crimes fall under Article 237 of this law, the prosecutor or court may issue a temporary detention order for them in a reform and rehabilitation center.

 

Chapter 10 – Duties and Powers of the Prosecutor General

Article 288

The Prosecutor General oversees all public, revolutionary, and military prosecutors’ offices and can inspect them, issuing necessary notices and orders to these judicial bodies to ensure the proper implementation of laws and coordination. They may also submit proposals to the head of the Judiciary and other relevant bodies.

Note 1: If the Prosecutor General encounters violations or crimes in the course of their duties, they may refer the matter to the relevant disciplinary body for legal action.

Note 2: All judicial bodies and judges must cooperate with the Prosecutor General’s supervisory activities.

 

Article 289

The Prosecutor General may suggest the appointment, transfer, and reassignment of judicial officials in the prosecutor’s offices to the head of the Judiciary.

Note 1: Proposals for the appointment, transfer, and reassignment of prosecutors in all regions must be made with the approval of the head of the relevant provincial judicial authority.

Note 2: Proposals for the appointment, transfer, and reassignment of military prosecutors must be made with the approval of the head of the Armed Forces Judiciary.

 

Article 290

The Prosecutor General is required to follow up on crimes related to national assets, public interests, or damages to public rights that require legal proceedings through relevant domestic, foreign, or international bodies.

 

Article 291

In cases where, according to the law, prosecution of offenses by high-ranking officials and government officials is the responsibility of the Supreme Court, the preliminary investigations are conducted by the Prosecutor’s Office of the Supreme Court.

 

Article 292

All judicial authorities must notify the Prosecutor General when a decision has been made to prohibit someone from leaving the country, so that the relevant authorities can be informed.

Note: The Prosecutor General is responsible for removing the exit ban when the legal period has expired, and no extension has been made by the relevant authorities.

 

Article 293

If, in cases concerning public rights, government disputes, charitable foundations, public endowments, or missing persons, a final judgment is issued, and the Prosecutor General deems it to be against the law or Sharia, they must inform the head of the Judiciary for application of Article 477.

 

Part Three – Criminal Courts, Trials, and Judgments

Chapter 1 – Organization and Jurisdiction of Criminal Courts

Article 294

Criminal courts are divided into:

1. Criminal Court One
2. Criminal Court Two
3. Revolutionary Court
4. Juvenile Court
5. Military Courts

 

Article 295

Criminal Court Two is formed with the presence of a judge or alternate judge in the judicial district of each city.

 

Article 296

Criminal Court One consists of a president and two advisors, and is formalized with the presence of at least two members. If the president is absent, the court president’s duties are carried out by the advisor with more judicial experience.

Note 1: Criminal Court One is formed in the provincial capital, and by the discretion of the head of the judiciary, in the judicial districts of cities. In areas where this court has not been established, cases under its jurisdiction will be handled in the nearest Criminal Court One within the same province.

Note 2: The alternate judge may, as needed, replace the president or an advisor in fulfilling the duties. The head of the provincial judiciary can also assign advisors from the Court of Appeals to serve in Criminal Court One or Revolutionary Courts in cases that require a panel of judges.

Note 3: The existing Criminal Courts and General Penal Courts will be converted into Criminal Courts One and Two. Cases registered before the law’s enforcement date will be subject to the regulations in effect at the time of registration. Other legal proceedings will follow the regulations of this law in the relevant court branch. This provision also applies to Revolutionary Courts and Military Courts.

 

Article 297

The Revolutionary Court is formed in the provincial capital and, by the discretion of the head of the judiciary, in judicial districts of cities. The court, for offenses punishable by the penalties outlined in sections (a), (b), (p), and (t) of Article 302 of this law, consists of a president and two advisors, and is formalized with the presence of two members. For other cases, it may be formed with the president, an alternate judge, or an advisor.

Note: The procedural rules for Criminal Court One apply in Revolutionary Courts in cases where multiple judges are required.

 

Article 298

Juvenile Courts are formed with one judge and one counselor. The counselor’s opinion is advisory.

Note: One or more juvenile court branches will be formed in each judicial district of the city, depending on the need. Until a Juvenile Court is established, all cases involving juveniles, except those subject to Article 315 of this law, will be handled in Criminal Court Two or any court fulfilling its functions.

 

Article 299

If necessary, and by the discretion of the head of the judiciary, a public court may be established in the district. This court will handle all crimes within the jurisdiction of Criminal Court Two.

Note 1: By the discretion of the head of the judiciary, the establishment of a public court may be permissible in new cities where the volume of civil and criminal cases does not justify the formation of a full judiciary.

Note 2: By the discretion of the head of the judiciary, in judicial districts where the volume of civil and criminal cases justifies it, the formation of a judiciary with the same authority and organization as the district court is permissible.

 

Article 300

In all sessions of Criminal Court Two, the prosecutor or their assistant, or an appointed judicial officer may attend to defend the indictment, unless the court deems their presence unnecessary. In this case, for all sessions of Criminal Court One, the presence of the prosecutor or their representative is mandatory, but their absence does not halt proceedings unless the court determines their presence is essential.

 

Article 301

Criminal Court Two has jurisdiction over all crimes unless the law assigns the case to another authority.

 

Article 302

The following crimes are under the jurisdiction of Criminal Court One:

1. Crimes punishable by death
   b. Crimes punishable by life imprisonment
   c. Crimes punishable by amputation or intentional bodily harm causing injury amounting to half the full blood money or more
   d. Crimes punishable by punitive imprisonment of third degree or higher
   e. Political and press crimes.

 

Article 303

The following crimes fall under the jurisdiction of the Revolutionary Court:
a. Crimes against national and international security, including armed rebellion, corruption on earth, sedition, conspiracy, and activities against the Islamic Republic of Iran or armed attacks, arson, destruction, and theft of property in opposition to the government
b. Insulting the founder of the Islamic Republic and the leader of the Islamic Revolution
c. All crimes related to drugs, psychotropic substances, precursor chemicals, and illegal arms, ammunition, and controlled goods trafficking
d. Other matters as stipulated by specific laws within its jurisdiction.

 

Article 304

All crimes committed by juveniles and individuals under the age of 18 are under the jurisdiction of the Juvenile Court. In any case, those convicted and over the age of 18 will be kept in the juvenile detention facility at the correctional and rehabilitation center.

Note 1: A child is someone who has not reached the legal age of maturity.
Note 2: If, during the trial, the accused surpasses the age of 18, the trial will continue in the Juvenile Court. However, if the accused exceeds the age of 18 before the trial commences, the trial will be held in the appropriate criminal court. In such cases, the defendant will still be entitled to the benefits provided in Juvenile Court.

 

Article 305

Political and press crimes, in accordance with Article 352 of this law, are publicly tried in Criminal Court One in the provincial capital where the crime occurred, with a jury present.

Note: The rules and procedures regarding the jury are as outlined in the Press Law and its executive regulations.

 

Article 306

Crimes against morality are tried directly in the competent court.

Note: Crimes against morality in this law include sexual offenses, as well as crimes involving illicit relationships, such as kissing and fornication.

 

Article 307

Trials for allegations involving the heads of the three branches of government, their deputies and advisors, the president and members of the Expediency Council, the Guardian Council members, members of the Islamic Consultative Assembly (Majles), the Assembly of Experts for Leadership, ministers, deputy ministers, judicial officers, the president and prosecutor of the Court of Audit, ambassadors, governors, district governors in provincial capitals, and crimes committed by military or police officers of the rank of brigadier-general or higher, or holding the rank of brigadier in positions of divisional command or independent brigade command, directors of provincial intelligence departments, are under the jurisdiction of Tehran’s criminal courts, unless specific laws assign these cases to another authority.

Note 1: This provision applies to judicial officers and military and police officers if they serve in the judiciary or armed forces.
Note 2: Allegations involving military and police officers under this article, falling under the jurisdiction of the Armed Forces Judicial Organization, will be heard in either the Military Court One or Two in Tehran.

 

Article 308

Allegations against the advisors of ministers, senior officials of organizations, companies, and public or private non-governmental institutions, provincial and district governors, directors of government offices, public or private organizations, heads of universities, mayors of district capitals, and district administrators are under the jurisdiction of the criminal courts of the provincial capital where the crime occurred, unless other specific laws assign the case to another authority.

 

Article 309

The jurisdiction of the court to try the crimes of the individuals mentioned in Articles 307 and 308 of this law extends whether the crimes occurred during their tenure or before.

 

Article 310

A defendant is tried in the court where the crime took place. If a person commits multiple crimes in different judicial districts, the trial will take place in the district where the most serious crime occurred. If the crimes carry equal penalties, the court where the defendant was arrested will handle all of them. If the defendant is not arrested, the court where the prosecution initially started will have jurisdiction over all the crimes.

 

Article 311

Partners and accomplices in a crime are tried in the court that has jurisdiction over the primary defendant’s charges, unless another procedure is specified by special laws.

Note: If two or more individuals are charged with participation or complicity in a crime, and one of them is one of the authorities mentioned in Articles (307) and (308) of this law, the charges against all of them shall be heard in the courts of Tehran or the provincial capitals, as applicable. If individuals listed in Articles (307) and (308) of this law collaborate or assist in a crime, their charges will be heard in the appropriate court in Tehran.

 

Article 312

If a child or adolescent commits a crime with the participation or assistance of adults, or assists adults in committing a crime, only the crimes committed by the child or adolescent will be heard in the Juvenile Court.

Note: In cases where the crime requires the action of two or more people, if the charge against one of the defendants falls under the jurisdiction of the Juvenile Court, the charges of all the defendants will be heard there. In such cases, the rules governing the handling of crimes committed by individuals over 18 years of age will apply.

 

Article 313

Multiple charges against a defendant should be heard in the court with jurisdiction over the most serious crime, considering its inherent competence.

 

Article 314

If a person is accused of multiple crimes, with some falling under the jurisdiction of the Criminal Court I and II, and others under the jurisdiction of the Revolutionary Court or Military Court, the defendant will initially be tried in the court with jurisdiction over the most serious charge. Afterward, they will be referred to the appropriate court for the remaining charges. If the charges are of equal severity, the defendant will be tried sequentially in the Revolutionary Court, Military Court, Criminal Court I, or Criminal Court II, as applicable.

Note 1: If a person is accused of crimes falling under the jurisdiction of Criminal Court I for some charges and Criminal Court II or Juvenile Court for others, all charges will be heard in the Criminal Court I.

Note 2: If a crime, based on one of the clauses in Article (302) of this law, is brought before Criminal Court I, and the court determines that the act falls under a different criminal title that is the jurisdiction of Criminal Court II, Criminal Court I will adjudicate this crime and issue a ruling accordingly.

 

Article 315

Crimes falling under the jurisdiction of Criminal Court I and also the Revolutionary Court, in cases with multiple judges, if committed by individuals under 18 years of age, will be heard in a special Criminal Court I for Juvenile Crimes, and the defendant will benefit from all the privileges applied in Juvenile Court.

Note 1: In each province, a number of branches of Criminal Court I will be designated as “Criminal Court I for Juvenile Crimes” to handle cases under this Article. This specialization does not prevent other cases from being referred to these courts.

Note 2: The presence of advisors, as stipulated in this law, is mandatory for hearings related to juvenile crimes in the special Criminal Court for Juvenile Crimes.

 

Article 316

Crimes committed by individuals outside the jurisdiction of the Islamic Republic of Iran, for which Iranian courts have jurisdiction, will be heard in the court of the place of arrest if the accused is Iranian. If the accused is a foreign national, the case will be heard in Tehran, as applicable.

 

Article 317

Any disputes over jurisdiction in criminal matters will be resolved in accordance with the Civil Procedure Code, and disputes between public prosecutors will follow the rules for resolving conflicts between courts to which the public prosecutor is affiliated.

 

Chapter 2 – Examination of Evidence

Article 318

The evidence in criminal matters is defined by the provisions of the Islamic Penal Code. The procedures for examining evidence are detailed in the following sections.

 

Article 319

Confessions made in writing are recorded in the minutes and read aloud. The confessor must sign or fingerprint the confession. If the confessor refuses to sign or fingerprint, it does not affect the validity of the confession, but the refusal or inability to sign or fingerprint must be recorded in the minutes, signed by the judge and clerk.

 

Article 320

Witnesses or informants are summoned to court. If they fail to attend without a valid excuse, and the discovery of truth or enforcement of rights depends on their testimony, or if the crime relates to public safety and order, they may be compelled to appear by the court.

Note: The summons must specify the subject of the testimony or information and the consequences of failure to attend.

 

Article 321

If, due to a long-term or incurable illness, a witness or informant cannot attend court, the court president or another judge will go to the witness or informant’s location to take their testimony.

 

Article 322

Before questioning a witness, the court will inform them of the consequences of false testimony. The court will also ask for their personal details, including name, age, occupation, education, religion, residence, contact information, criminal history, and any familial or professional relationship to the parties involved, and record these in the minutes.

Note: A servant-master relationship or familial relationship does not disqualify a person from testifying under Islamic law.

 

Article 323

A witness must swear an oath before testifying: “I swear by Almighty God that I will tell the truth and will testify to all the facts.”

Note: If testimony is necessary to enforce rights and the witness refuses to take an oath, their testimony will still be heard without the oath. In the case of an informant, their statements are heard for informational purposes.

 

Article 324

The court records any physical or psychological characteristics of the witness that may affect the assessment of their testimony.

 

Article 325

The court will ask witnesses and informants any questions necessary to clarify the issue and resolve any ambiguity.

 

Article 326

After hearing a witness’s testimony from one side of the case, the other party is notified that they can ask the witness questions.

 

Article 327

The court can question witnesses individually and take necessary steps to ensure that witnesses do not communicate with each other or the defendant during the process.

 

Article 328

Interrupting a witness while they are testifying is prohibited. Each party to the case and the prosecutor may ask questions with the court’s permission.

 

Article 329

Witnesses cannot leave the courtroom after testifying without the court’s permission.

 

Article 330

The date and time of the session for hearing testimony must be notified in advance to the prosecutor and the parties or their lawyers. Their presence during the testimony is not required, but they may review the minutes of the testimony.

 

Article 331

Requests for an oath may be delegated, and the lawyer can administer the oath to a party if the power of attorney specifies this. However, a lawyer cannot take the oath on behalf of the client.

 

Article 332

In cases where the dispute or proof of the claim is determined by oath, each party may request to swear the oath. In cases involving others’ rights, the defendant’s oath is contingent on the demand of the rightful party, and the court cannot administer the oath without their request.

 

Article 333

Oaths are administered at the request of the parties, according to the court’s order, and before the judge. The court order will specify the subject of the oath and the person who must take it. The minutes of the oath-taking will be signed by the judge and the parties.

 

Article 334

If the person required to take the oath cannot appear in court due to a valid reason, the judge may set another time for the oath or go to their location to administer the oath or delegate this task to another judge.

 

Chapter 3 – Proceedings in Criminal Courts

Section 1 – How Proceedings Begin

Article 335

Criminal courts begin proceedings in the following cases:

1. a) A prosecutor’s indictment
2. b) A decision to summon for trial by the court
3. c) An oral claim made by the prosecutor in court.

 

Article 336

In the court of the district, the president or substitute judge shall directly investigate and issue a ruling in criminal cases within the jurisdiction of this court. In this court, the duty of the prosecutor regarding the appeal of decisions is assigned to the president of the court, and for decisions made by him, the responsibility lies with the substitute judge.

 

Article 337

In criminal cases under Article 302 of this law, the president of the district court acts as a substitute for the investigating judge under the supervision and instructions of the district prosecutor. In the case of multiple branches, the heads of these branches are responsible for this duty, as referred by the head of the judicial district. If the district court lacks a president, the substitute judge shall act as the investigating judge. In any case, the issuance of an indictment is the responsibility of the prosecutor.

 

Article 338

In jurisdictions with multiple court branches, case referral is handled by the head of the judicial district. The head of the judicial district may delegate this task to one of their deputies, and if they are unavailable, the referral shall be made to the judge of the branch with the greater judicial experience.

 

Article 339

Once a case has been referred to a specific branch, it cannot be taken from that branch and referred to another unless authorized by law.

Note 1: The provisions of this article apply to the branches of the investigating judge, appellate courts, and the branches of the Supreme Court.

Note 2: Violating the provisions of this article results in disciplinary punishment up to the fourth degree.

 

Article 340

Offenses of degrees seven and eight are directly heard in court. In such cases, and in other cases where the case is directly presented to court, the court proceeds as follows:

1. a) If the court deems itself incompetent, it will issue a decision of lack of jurisdiction, and if it finds the case to fall under prohibited or suspended prosecution, it will take the appropriate decision.
2. b) In all other cases, if the parties are present and do not request a delay, the court will hold a formal session and proceed with the hearing. If the parties are absent or request a delay for preparation or the submission of claims for damages, the court will set a hearing date and notify the parties and others who need to appear.

 

Article 341

When a case is referred to the court with an indictment, the court must review the case within one month without setting a hearing date. If the court deems itself incompetent or finds that the case falls under prohibited or suspended prosecution, it will take the appropriate decision. If the court deems the investigation incomplete or if new issues arise that require further investigation, the court will request the prosecutor’s office to complete the investigation or proceed with it itself. In such cases, as well as those where the case is directly presented to court, preliminary investigations by the court must be conducted according to the applicable regulations.

 

Article 342

In all cases not covered by Articles 340 and 341 of this law, the court will set a hearing date and notify the complainant, the defendant, their lawyers, the prosecutor, and others who must be present, to appear for the hearing. A copy of the indictment will be sent to the defendant.

Note: In cases involving claims for damages under Article 260 of this law and Article 30 of the law on Judicial Behavior Oversight passed on 17/7/1390 (Islamic Calendar), and in cases where compensation is requested from public funds, the court is required to invite the relevant body responsible for paying the compensation to the hearing in order to defend public rights. This body has the right to appeal the ruling.

 

Article 343

The period between the issuance of the summons and the hearing should not be less than one week. If the defendant has a valid excuse, the hearing will be postponed to a later date.

 

Article 344

If the summons cannot be delivered due to the defendant’s unknown address and other methods of delivery fail, the hearing date will be set and the summons will be published once in a widely circulated national or local newspaper. The publication date must be at least one month before the hearing date. If the nature of the charge affects the defendant’s reputation or public morality, the charge will not be stated in the announcement.

 

Article 345

If the defendant fails to appear without a valid excuse and the court deems their presence necessary, the summons will specify the reasons for the necessity of their presence and that failure to appear will result in arrest. If the defendant still fails to appear without a valid excuse, the defendant will be arrested for a specified time. If the defendant’s presence is not necessary, and the matter does not involve public rights, the hearing will proceed and a ruling will be issued in their absence.

Note: If the defendant has a guarantor or bail provider, or if the defendant is the one providing bail, the actions will proceed according to Article 230 of this law.

 

Article 346

In all criminal cases, both parties may appoint their lawyer(s). If multiple lawyers are appointed, the presence of one is sufficient for the trial and hearing.

Note: In cases outside the jurisdiction of the criminal court of first instance, each party may appoint up to two lawyers.

 

Article 347

The defendant may request the court to appoint a lawyer for them by the end of the first hearing. If the defendant is found unable to afford a lawyer, the court will appoint one from the local judicial area or, if unavailable, from the nearest area. If the appointed lawyer requests a fee, the court will determine the fee based on the actions taken, but it must not exceed the legal fee schedule. The fee will be paid from the judiciary’s budget.

Note: If the court deems the presence of a lawyer necessary for a victim who cannot afford one, the court will follow this procedure.

 

Article 348

In crimes under subparagraphs (a), (b), (p), and (t) of Article 302 of this law, the trial will not proceed without the defendant’s lawyer present. If the defendant fails to appoint a lawyer or their lawyer fails to appear without a valid excuse, the appointment of a legal aid lawyer is mandatory. If the legal aid lawyer fails to appear without a valid excuse, the court will dismiss them and appoint a new one. The legal aid lawyer’s fee is paid from the judiciary’s budget.

Note 1: If a lawyer refuses to appear in court without a valid excuse, the court will notify the relevant authority for action against the offending lawyer.

Note 2: If after the appointment of a legal aid lawyer, the defendant appoints a lawyer of their choice, the legal aid appointment will be canceled.

Note 3: A defendant may request to change their legal aid lawyer only once.

 

Article 349

If any of the grounds for the disqualification of a judge arise between the legal aid lawyer and the opposing party, accomplices, or their lawyers, the lawyer will be prohibited from acting in that case.

 

Article 350

If the defendant has a lawyer, except in crimes covered by subparagraphs (a), (b), (c), and (d) of Article 302 of this law, and unless the court deems the defendant’s presence necessary, their absence will not prevent the hearing from proceeding.

 

Article 351

The complainant or private prosecutor and the defendant or their lawyers may visit the court and study the case file to obtain necessary information. With the court’s approval, they may make copies of the necessary documents at their own expense.

 

Note: Providing images of classified documents and documents containing information related to investigations into crimes against public morality and crimes against internal or external security is prohibited.

 

Article 352

Trials are public, except in cases of crimes that are subject to private prosecution, where the parties or the complainant request a non-public trial. Additionally, after the prosecutor’s opinion is expressed, the court may order a non-public trial in the following cases:

1. Family matters and crimes against public morality or those that are against good ethics.
2. If public trial disrupts public security or the religious or ethnic sentiments of people.

Note: By “public trial,” it is meant that there should be no barrier to people’s attendance at the hearings.

 

Article 353

The publication of trial proceedings and reports on the case that do not disclose the personal details of the complainant, defendant, or their individual or social positions is permitted in the media. The content of the final verdict and the specifics of the convicted party can only be published in cases prescribed by law. Violating this provision is considered defamation.

Note 1: Any photography, videography, or audio recording of the court session is prohibited. However, the court president may order that all or part of the trial proceedings be recorded in audio or video format under his supervision.

Note 2: The publication of trial proceedings and case reports in public trials that include the details of the complainant and defendant may be allowed, if necessary, due to reasons such as damaging public conscience or maintaining public order, upon the request of the Attorney General and the approval of the head of the judiciary.

 

Article 354

Disruption of court proceedings by the defendant or other individuals does not make the trial non-public. Instead, the court should restore order appropriately. The court president may order the expulsion of those causing disruption, unless the disruptor is one of the parties in the case, in which case the court president will issue an order for their detention for one to five days. This order is immediately enforced after the hearing. If the disruptor is a lawyer representing one of the parties, the court will warn them about maintaining order in the court, and if this warning is ineffective, the lawyer will be expelled and referred to the disciplinary court for lawyers. If the actions of the disruptor have criminal implications, the application of this article does not prevent the legal punishment from being imposed. Before the hearing begins, the court president will remind all attendees of the contents of this article.

 

Article 355

The presence of individuals under the age of eighteen as spectators in criminal trials is prohibited, unless determined otherwise by the court.

 

Article 356

If the defendant is in detention, they will attend the court session freely and under necessary supervision.

 

Article 357

In courts with multiple judges, if the presiding judge is absent or excused, the senior member of the court based on judicial service history, or if their service history is identical, the member with the greater age, will take over the duties of the presiding judge.

 

Chapter 3 – Order of Proceedings

Article 358

After the session is called to order, the court will first address the defendant’s case as outlined in Articles (193) and (194) of this law and then notify the other participants in the trial not to speak falsely, against their conscience, laws, manners, or decorum, before proceeding with the trial.

 

Article 359

The trial will proceed in an adversarial manner in the following order:

1. Reading the indictment by the court clerk or hearing the opinion of the prosecutor or their representative in cases where the case is presented orally in court.
2. Hearing the statements and evidence of the prosecutor or their representative to prove the charges.
3. Hearing the statements of the complainant or private party, either personally or through their lawyer.
4. Questioning the defendant about accepting or denying the charges and hearing the defendant’s defense, which will be recorded verbatim by the court clerk.
5. In case of denial or silence from the defendant or if there is doubt about the validity of their confession, the court will begin investigations into the defendant, hearing the testimony of witnesses, experts, and knowledgeable persons introduced by the prosecutor, complainant, private party, defendant, or their lawyers.
6. Examining the tools used in the commission of the crime and reviewing any other evidence presented by the parties, as well as conducting any necessary investigation or actions the court deems essential to uncover the truth.

 

Article 360

If the defendant explicitly confesses to committing the crime in such a way that there is no doubt or suspicion regarding the confession’s truth or voluntariness, the court will base its verdict on the confession.

 

Article 361

The court must record in the minutes a summary of the prosecutor’s or their representative’s statements and the exact statements of the parties, witnesses, experts, and knowledgeable persons.

 

Article 362

In addition to examining the evidence presented in the indictment or relied upon by the parties, the court will carry out any investigation or action deemed necessary for the discovery of the truth, noting its necessity.

 

Article 363

If during the trial, another crime is discovered that can be prosecuted without a complainant, the court will notify the prosecutor or the relevant judicial authority without interrupting the proceedings.

 

Article 364

In cases where there is a main defendant, an accomplice, and an accessory, and all are present in court, the investigation will begin with the main defendant.

 

Article 365

If there are multiple defendants or if the case involves a main defendant, an accomplice, and an accessory, and even if one or more defendants are unavailable, the court is still required to proceed with the trial and issue a verdict, unless a trial in absentia is not permitted or a verdict cannot be rendered for some defendants for any reason. In such cases, the court will keep the case open for those defendants.

 

Article 366

If the trial for multiple charges against the defendant causes a delay, the court will issue a verdict for charges that have been fully investigated.

 

Article 367

The court will appoint a trusted interpreter from among official translators for the complainant, private party, defendant, or witnesses who cannot speak Persian. If no official translator is available, another trustworthy translator will be appointed. The interpreter must take an oath to be truthful and honest. Failure to take the oath does not invalidate the translation.

 

Article 368

For the complainant, private party, defendant, or witness who is deaf or unable to speak, the court will appoint a trusted individual who can express their intent through sign language or other technical means. The interpreter must take an oath to be truthful and honest. If these individuals can write, the court clerk will write the questions for them to answer in writing.

 

Article 369

Once the trial begins, it will continue until a verdict is issued. If the trial takes a long time, breaks will be given as needed.

 

Article 370

If the court suspects that the defendant was insane at the time of the crime, it will conduct investigations with their close relatives and others who may know, obtain a forensic medical opinion, and if insanity is confirmed, the prosecution will be suspended, with precautionary measures taken for the defendant.

Note: If the crimes under this article require compensation, the relevant regulations will apply.

 

Article 371

Before the end of the trial, if the complainant or private party has new information related to the case, they will be heard, and the prosecutor or their representative may also express their opinion. The court must allow the defendant or their lawyer to present their final defense before declaring the trial concluded. If the defendant or their lawyer presents something that is important for uncovering the truth, the court is obliged to investigate it.

 

Article 372

The judge should not express an opinion on the defendant’s acquittal or guilt before completing the trial and announcing the verdict.

 

Article 373

Once the trial has concluded, the court cannot accept new petitions, documents, or evidence.

 

Chapter 4 – Issuing the Verdict

Article 374

After declaring the trial concluded, the court will, with the help of God, based on its honor and conscience, and taking into account the contents of the case and existing evidence, issue a ruling at the same session or, if not possible, within one week. The verdict must be reasoned, justified, and based on the legal provisions and principles it relies upon. Failure to issue the verdict within the prescribed time leads to a disciplinary sanction up to grade four.

 

Article 375

The court must include in the verdict whether it is in-person or in absentia, and whether it is subject to appeal, review, or cassation, as well as the deadline and authority for those processes. If the verdict is appealable or subject to review or cassation, declaring it non-appealable does not prevent an appeal.

 

Article 376

If the verdict is one of acquittal, dismissal of prosecution, or suspension of the punishment, and the defendant is in custody, they will be released immediately under the court’s order.

 

Article 377

If the defendant is in detention under a security measure and is sentenced to prison, flogging, or a fine by a non-final verdict, the responsible judicial authority must inform the prison to ensure the defendant is not detained longer than the sentence.

 

Article 378

The court’s decision must be typed or handwritten within a maximum of three days from the date of issuance. This decision, referred to as the “judgment,” begins with the name of God Almighty and includes the following details, which are signed by the judge(s) and stamped with the court’s seal:

1. Case number, judgment number, date of the judgment, and date of issuance of the decision.
2. Details of the court and the judge(s) issuing the judgment, along with their positions.
3. The details of the parties to the case and their lawyers.
4. The case file history and the full text of the judgment.

 

Article 379

Prior to signing the judgment, the contents of the judgment and its delivery in the form of a copy or certified image are prohibited. A violation of this rule may result in disciplinary action against the offender, ranging from a three-month to one-year suspension from public service, as per the ruling of the Judges’ Disciplinary Court or the Administrative Violation Tribunal.

 

Article 380

The judgment must be delivered to the parties or their lawyers and the prosecutor. If the judgment is delivered in person to the parties, providing them with a copy or a certified copy of the judgment is mandatory. In such a case, a re-delivery is not necessary.

Note 1: The court’s office manager must send the judgment for delivery within a maximum of three days after the judgment is signed.

Note 2: In cases of indecency crimes, if the judgment contains details that the complainant is prohibited from knowing, or in cases related to national security crimes, the judgment must be delivered in person, and the concerned party can be informed of the full content of the decision and can copy it.

 

Article 381

If a clerical error occurs in the drafting or writing of the judgment, such as a missing or extra word or a calculation error, and the judgment is final or becomes final due to the expiration of the legal deadline for an appeal or due to the lack of an appeal, the court, either by its own initiative or upon request from the concerned party or the prosecutor, may issue a correction judgment. The correction judgment must also be delivered. Submitting copies or images of the original or corrected judgment separately is prohibited. The parts of the judgment that are not in error will be enforced if final.

Note 1: If the original judgment is subject to appeal, review, or cassation, the correction is also subject to appeal, review, or cassation within the legal timeframe.

Note 2: If the original judgment is annulled through appeal, review, or cassation, the correction judgment becomes invalid.

 

Chapter 5 – Proceedings in Criminal Court One

Section One – Preliminary Proceedings

Article 382

The criminal court (Court One) can only proceed with hearings and issue a judgment if an indictment has been issued, and only within the scope of that indictment, except for crimes that must by law be directly heard in Criminal Court One. In such cases, the preliminary investigation is the responsibility of Criminal Court One.

 

Article 383

In cases where the file is directly handled in Criminal Court One, if after the preliminary investigation, the alleged act is not considered a crime, or there is insufficient evidence to charge the defendant, or for other legal reasons the defendant cannot be prosecuted, the court will issue an order of dismissal or suspension of prosecution. Otherwise, it will issue an order to proceed.

 

Article 384

After the file is referred to Criminal Court One, in crimes listed in sections (a), (b), (c), and (d) of Article 302 of this law, or after issuing an order to proceed in cases directly heard by Criminal Court One, if the defendant has not appointed a lawyer, the court’s office manager must notify them within five days to appoint a lawyer no later than ten days after being notified. If the defendant fails to appoint a lawyer, the office manager will refer the case to the court president to appoint a defense lawyer according to the regulations.

 

Article 385

Each party may introduce a maximum of three lawyers to the court. The resignation or dismissal of a lawyer after the court session has commenced is not accepted.

 

Article 386

If any party to the case has multiple lawyers, the presence of one of them is sufficient for the court session to be held.

 

Article 387

After a lawyer is appointed, the office manager must immediately notify the defendant, their lawyer, and if applicable, the complainant or private prosecutor or their lawyers, to submit all objections and challenges within ten days from the date of notification. An extension of this deadline, at the request of the defendant or their lawyer, is allowed for one additional period of ten days, as deemed appropriate by the court.

 

Article 388

The defendant, the complainant, private prosecutor, or their lawyers must submit all objections and challenges, such as the statute of limitations, lack of jurisdiction, disqualification of the judge, the non-criminal nature of the act, incomplete investigations, the need to investigate other evidence, or the insufficiency of evidence, within the prescribed time limit. No objections will be accepted after this period, unless the reason for the objection arises or is discovered later. In any case, presenting the case in a preliminary court session before the deadline expires is prohibited.

 

Article 389

After the deadline has passed, whether objections and challenges have been submitted or not, the office manager must send the file to the court. The court president will personally review the file and prepare a comprehensive report, or refer it to another member of the court, who must prepare and submit a detailed report on the charges, evidence, and the proceedings within ten days. Upon receipt of the report, the court will convene an administrative preliminary session and take action based on the report, the case file, and the objections and challenges of the parties, as follows:

1. If the investigation is incomplete, an order to rectify the deficiencies will be issued, and the file will be sent to the prosecution office for completion, which must return the file without providing an opinion.
2. If the case is beyond the court’s jurisdiction, an order of lack of jurisdiction will be issued.
3. If the defendant cannot be prosecuted due to the statute of limitations, the complainant’s or private prosecutor’s withdrawal, or other legal reasons, an order of suspension of prosecution will be issued. If the defendant is in custody, they will be immediately released as per the court’s order.

Note: If necessary, the court may invite the prosecutor or their representative, the complainant or private prosecutor, or the defendant and their lawyers to attend the preliminary session.

 

Article 390

The order of lack of jurisdiction and the orders mentioned in section (c) of the previous article can be appealed by the prosecutor, the complainant, or private prosecutor. If these orders are annulled, the case will be referred back to Criminal Court One for re-examination in a preliminary session and other duties.

 

Article 391

If the court, during the preliminary session, determines that the case is complete and ready for trial, it will immediately issue an order to schedule the hearing and summon all persons whose presence is necessary.

Note: If in the crimes listed in sections (a), (b), (c), and (d) of Article 302 of this law, the court deems it necessary to summon the defendant for trial without notifying them, it will issue an order for their arrest for the trial day.

 

Article 392

The office manager is required to set the hearing date within two days after receiving the case file and proceed in accordance with the court’s instructions.

 

Article 393

In any case where the court must sit with a jury, the jury members will be summoned according to the regulations.

 

Article 394

If the defendant is absconding or cannot be reached, and it is not possible to summon or arrest them for appointing a lawyer or completing the necessary procedures for the preliminary session or the trial, and the court does not deem the defendant’s presence necessary for the trial, it will proceed with the preliminary session and the case will be heard in the defendant’s absence, unless the prosecutor believes that the defendant can be summoned. In this case, the court will give the prosecutor a reasonable deadline to summon or arrest the defendant, which must not exceed fifteen days.

Note 1: Whenever the court intends to proceed with a trial in absentia, it must issue an order for an in absentia hearing. This order must specify the charge, the trial date, and the consequences of the defendant’s absence. The order will be published twice at ten-day intervals in a widely circulated national or local newspaper. The period between the last publication and the trial date should not be less than one month.

Note 2: If there are multiple defendants and some of them are absconding, the court will begin the proceedings with the present defendants and proceed with the absent defendants as specified above.

 

Section Two – Order of Proceedings

Article 395

In Criminal Court One, and in all cases where the proceedings involve multiple judges, the majority vote of all members will be the deciding factor. The dissenting opinion must be fully explained in the file. If a majority decision cannot be reached as described, another member will be added to the court panel by the referring authority.

 

Article 396

After the court session is convened and its legitimacy announced, the presiding judge first addresses the defendant according to Articles (193) and (194) of this law, and then warns them to be cautious with their statements during the trial. Subsequently, the presiding judge also warns the other participants in the trial not to make statements contrary to the truth, conscience, laws, or etiquette. After that, the prosecutor or their representative reads the indictment, and the court clerk reads the civil claimant’s petition. The presiding judge then informs the defendant of the charges and all the evidence, and the trial proceeds.

 

Article 397

Judges of the criminal court may, with the permission of the presiding judge, question the parties, their lawyers, witnesses, experts, and the prosecutor.

 

Article 398

If the prosecutor, defendant, complainant, private plaintiff, or their lawyers request an investigation of persons present in the courtroom, the court may, if necessary, conduct such investigations even if the persons were not previously summoned.

 

Article 399

After following the procedure outlined in Article (359) of this law, if the prosecutor requests to speak again, the defendant, complainant, private plaintiff, or their lawyers are also granted the opportunity to speak. Before declaring the conclusion of the proceedings, the presiding judge allows the defendant or their lawyer to speak for the last time, takes their final defense, and then concludes the trial. If the defendant or their lawyer presents something that could aid in discovering the truth, the court is obligated to review it.

 

Article 400

The proceedings in the criminal court are recorded audibly and, if deemed necessary by the court, also visually. Publication of these recordings is prohibited, and their use is subject to court approval.

 

Article 401

In cases where crimes within the jurisdiction of the criminal court are prosecuted outside the jurisdiction of the crime’s location, all duties and powers of the public prosecutor, including participation in the trial session and defense of the indictment, lie with the prosecutor’s office of the location where the crime occurred.

 

Article 402

In cases where the criminal court has jurisdiction over crimes typically handled by juvenile courts under the provisions of this law, the relevant regulations concerning the prosecution of juvenile offenses must be followed.

 

Chapter 6 – Default Judgment and Appeal

Article 406

In all crimes, except those with only a religious aspect, if the defendant or their lawyer does not attend any of the court sessions or does not submit a defense petition, the court will issue a default judgment. If the court’s judgment is convicting, the defendant can file an appeal in the same court within twenty days from the actual delivery of the verdict. After the appeal period expires, the judgment may be subject to appeal or cassation according to the law. For individuals residing outside the country, the appeal period is two months.

Note 1: If the defendant attends the session and then leaves without a valid excuse during a recess or trial proceedings, the court will continue the proceedings. In this case, the judgment is considered as being rendered in the defendant’s presence.

Note 2: A default judgment that has not been appealed within the stipulated period will be enforced after the expiration of the appeal and cassation periods. If the judgment was not actually delivered, the defendant may appeal within twenty days of becoming aware of the judgment. In this case, the enforcement of the judgment is suspended, and the defendant is detained and sent with the case file to the court that issued the judgment. If necessary, this court will decide on securing the defendant’s release or modifying the previous guarantee.

Note 3: In crimes that have only a religious aspect, if the contents of the case file do not prove the defendant’s guilt and questioning the defendant is unnecessary, the court may issue an acquittal without the defendant’s presence.

 

Article 407

After an appeal is filed, the court sets a hearing date and summons the parties to attend. After reviewing the evidence and the appellant’s defense, the court will issue a decision. The absence of any party does not prevent the hearing from proceeding.

 

Chapter 7 – Juvenile Court Proceedings

Section One – Organization

Article 408

The head of the judiciary or the president of the district courts of the provincial capital holds the presidency of juvenile courts as well.

 

Article 409

Judges for juvenile courts and juvenile prosecutors are selected by the head of the judiciary from among judges with at least five years of judicial experience, and whose qualifications for this role are assessed, considering age, marital status, completion of training, and preferably having children.

 

Article 410

Consultants for juvenile courts are chosen from among specialists in educational sciences, psychology, criminology, social work, and educators familiar with the psychological and educational issues of children and adolescents, whether active or retired.

Note 1: For the selection of consultants, the head of the judicial district in each area suggests at least eight qualified men and women for each court branch to the president of the provincial judiciary. From among them, the president selects at least four individuals for a term of two years. Reappointment is allowed.

Note 2: If the defendant is female, at least one consultant must be female.

 

Article 411

If a judge of the juvenile court is legally prevented from performing their duties, the head of the judiciary may either personally assume the role or appoint another qualified judge to temporarily replace the juvenile court judge.

 

Section Two – Procedure

Article 412

The juvenile court sets the trial date and notifies the parents, guardians, or legal representatives of the child or adolescent, their lawyer, the prosecutor, and the complainant.

Note 1: If at the time of the trial, the defendant is 18 years old or older, the trial date is notified to the defendant or their lawyer.

Note 2: In cases of minor crimes with a punishment of grade six, seven, or eight, or crimes where the legal punishment is not imprisonment, if the defendant and their parents or legal guardian (and their lawyer, if any) are present and request a hearing, and all conditions for proceeding are met, the court may hear the case and make a decision without setting a date.

 

Article 413

In juvenile court, the parents, guardians, or legal representatives of the child or adolescent, the defense lawyer, the complainant, persons whose opinions were solicited during the preliminary investigation, witnesses, informants, and social workers from the Welfare Organization must be present. Other individuals may attend the session with the court’s permission.

 

Article 414

If it is in the best interest of the child, as outlined in Note (1) of Article (304) of this law, the trial may be held in their absence. In any case, the court’s decision is considered as being rendered in their presence.

 

Article 415

In cases involving crimes under the jurisdiction of the criminal court, or in crimes requiring blood money (diyah) or more than half the full blood money, or in crimes of a serious nature, the public prosecutor or juvenile court may instruct the defendant’s guardian or legal representative to appoint a lawyer. If no lawyer is appointed, or if the appointed lawyer is absent without justification, the court will appoint a lawyer. In less serious crimes, the guardian or legal representative may defend the case themselves or appoint a lawyer, and the adolescent may also defend themselves.

 

Article 416

In claims for damages caused by a crime raised in juvenile court, the case is processed according to legal regulations and a decision is made. The child’s presence is not required unless their testimony is necessary for the ruling.

 

Article 417

The decisions and judgments of the juvenile court are communicated not only to the complainant, defendant, and convicted party but also to the defendant’s guardian or legal representative and, if applicable, to their lawyer.

 

Chapter 8: Transfer

Article 418

At any stage of criminal proceedings, the transfer of a case from one judicial district to another within the same province shall be carried out, as necessary, upon the request of the prosecutor or the head of the originating judicial district, and with the approval of the first chamber of the Court of Appeal of the province. Transfers between judicial districts in different provinces shall occur upon the request of the same individuals and with the approval of the Supreme Court of the country.

Note: In cases involving crimes under the jurisdiction of the Military Judiciary, the transfer, as necessary, shall be carried out upon the request of the military prosecutor or the head of the provincial military judiciary, with the approval of the head of the Military Judiciary Organization.

 

Article 419

A transfer occurs in the following cases:

1. a) When the accused or more of the accused reside in the jurisdiction of another court.
2. b) When the location of the crime is far from the competent court, such that another court, being closer to the crime scene, can more easily adjudicate the case.

Note: The transfer of the case should not be carried out in a manner that would cause undue hardship or inconvenience to the complainant or the private prosecutor.

 

Article 420

In addition to the cases mentioned in the previous article, for the sake of maintaining public order and security, and upon the proposal of the head of the Judiciary or the Attorney General of the country, and with the approval of the Supreme Court, the case may be transferred to another judicial district.

Note: In crimes under the jurisdiction of the Military Judiciary, the head of the Military Judiciary Organization may transfer the case to another district in order to preserve public order and security and to protect the interests of the armed forces.

 

Chapter 9: Recusal of a Judge

Article 421

A judge must recuse themselves from a case and the parties may request the recusal in the following cases:

1. a) There is a familial relationship (either by blood or marriage) up to the third degree between the judge and one of the parties to the case, or their partner, or an accomplice in the crime.
2. b) The judge is the guardian or protector of one of the parties, or one of the parties is the personal assistant to the judge or their spouse.
3. c) The judge, their spouse, or their child is an heir of one of the parties to the case, or a partner or accomplice in the crime.
4. d) The judge has previously issued a substantive opinion on the case in any capacity or has been a witness for one of the parties.
5. e) There is an ongoing legal dispute (either criminal or civil) between the judge, their parents, spouse, or children, and one of the parties, or there has been such a dispute within the last two years after the issuance of the final judgment.
6. f) The judge, their spouse, or their child has a personal financial interest in the matter being adjudicated.

Note: Administrative complaints about a judge’s conduct are not grounds for recusal.

 

Article 422

A recusal must be raised before the judgment is issued. If the judge accepts the recusal, they must abstain from adjudicating the case, and it will be reassigned to a substitute judge or another chamber. If no substitute judge or chamber is available, the case will be referred to the nearest equivalent judicial authority.

 

Article 423

If the judge does not accept the recusal, they must issue a decision on the recusal within three days and continue with the proceedings. This decision may be appealed within ten days of its notification. The appeal will be handled out of turn.

 

Article 424

Judicial officials in the prosecution must also abstain from adjudicating if there are grounds for recusal. The complainant, private prosecutor, or accused may request the recusal of the prosecutor or the investigating judge, notifying them in writing. If the recusal is accepted, the prosecutor or judge must abstain, and the case will be reassigned to their substitute. If the recusal is not accepted, a ruling on the recusal must be issued, and the complainant will be notified. The complainant may appeal the ruling to the competent court within the designated period. The court’s decision on this matter is final.

Note: The issuance of a recusal ruling does not prevent the continuation of preliminary investigations.

 

Article 425

In cases with multiple judges, if a recusal is raised against one of the members and the recused judge abstains, the case will continue with the remaining judges. If the recusal is rejected, the court will issue a decision on the recusal outside of regular session hours. If the remaining judges are not in the majority and no substitute judges are available to address the recusal, the matter will be referred to the Supreme Court for resolution. If the Supreme Court accepts the recusal, the case will be transferred to an equivalent court for further proceedings.

 

Part Four: Appeal Against Judgments

Chapter 1: General Provisions

Article 426

The Court of Appeal of the province is the competent authority to review all non-final criminal judgments, except in cases under the jurisdiction of the Supreme Court. The Court of Appeal of the province is located in the center of each province, and consists of a president and two advisers. The Court of Appeal and chambers of the Supreme Court are also valid with two members.

 

Article 427

The judgments of criminal courts, except for the following cases, may be appealed in the Court of Appeal of the respective judicial district or, where applicable, in the Supreme Court:

1. a) Crimes punishable by a prison sentence of eight years or less.
2. b) Crimes involving the payment of compensation (diyyah or arsh) when the amount is less than one-tenth of the full compensation (diyyah).

Note 1: For alternative sentences to imprisonment, the basis for appeal is the original legal penalty.

Note 2: Judgments subject to appeal include verdicts of conviction, acquittal, or orders of dismissal and suspension of prosecution, as well as decisions on suspension or delay of judgment. Appeals against rejection of requests for rehearing or revision are subject to appeal if the decision pertains to the merits of the case.

 

Article 428

Judgments regarding crimes for which the legal penalties are capital punishment, amputation, life imprisonment, or a penalty of the third degree and above, as well as intentional crimes against the physical integrity of a person where the compensation is half or more of the full compensation, and political and press-related crimes, are subject to cassation in the Supreme Court.

Note: The application of this article does not prevent the Supreme Court from performing other oversight duties as provided in Article 161 of the Constitution.

 

Article 429

In cases where the judgment includes a sentence to pay compensation, diyah, arsh, or damages, if any of these aspects is subject to appeal or cassation, the other aspects of the judgment are likewise subject to appeal or cassation.

 

Article 430

If the parties to a case mutually agree in writing to waive their right to appeal or file for cassation, their appeal or cassation requests will not be entertained except in matters concerning the court’s jurisdiction or the judge who issued the judgment.

 

Article 431

The time limit for submitting an appeal or cassation application is twenty days for individuals residing in Iran and two months for those residing abroad, starting from the date of notification of the judgment or the expiration of the time limit for requesting a rehearing.

 

Article 432

If an appeal or cassation request is submitted outside the time limit, and the applicant provides valid reasons for the delay, the court will first assess the reason. If deemed valid, the request will be accepted; otherwise, it will be rejected. The grounds for valid reasons are as specified in Article 178 of this law.

 

Article 433

The following persons have the right to request an appeal or a cassation:

1. The convicted person, their attorney, or legal representative.
2. The complainant or private prosecutor, or their attorney or legal representative.
3. The prosecutor, regarding the acquittal of the accused, the incompatibility of the ruling with the law, or the disproportionality of the punishment.

 

Article 434

Grounds for filing an appeal are as follows:

1. Claim of invalidity of the evidence or documents relied upon by the court.
2. Claim that the ruling is contrary to the law.
3. Claim of lack of jurisdiction of the court issuing the ruling, or the existence of a reason for recusal of the judge.
4. Claim that the court did not consider the presented evidence.

Note: If the appeal is based on one of the grounds mentioned in this article, other grounds will also be considered if they exist.

 

Article 435

The Court of Appeal of the province and the Supreme Court only review what has been appealed or brought for cassation, and only with respect to the ruling that has been issued.

 

Article 436

The appeal or cassation request by the parties regarding the criminal aspect of the ruling is made in writing, with payment of the specified legal fees. As for the damages resulting from the crime, a petition must be filed, and the legal fees must be paid in accordance with the Civil Procedure Code.

Note: The appeal or cassation request by the convicted party regarding both the criminal conviction and the damages resulting from the crime, when made together, does not require the payment of legal fees for the civil aspect or adherence to the civil procedural formalities.

 

Article 437

If the appellant or cassation requester claims inability to pay the legal fees for the damages lawsuit, the court that issued the initial ruling must review this claim immediately.

 

Article 438

If the appellant or cassation requester is imprisoned, they are exempt from paying the legal fees for the appeal or cassation process in the matter for which they are incarcerated.

 

Article 439

The appellant or cassation requester must submit their request or petition to the office of the court that issued the initial ruling, the court of appeal, or the prison office. The court or prison office must immediately register it and issue a receipt containing the name of the appellant or cassation requester, the opposing party’s name, the submission date, and the registration number, which must also be noted on the petition. This date is considered the date of the appeal or cassation request. The office of the Court of Appeal or the prison is obligated to send the request to the court that issued the initial ruling immediately after registration.

Note: If the appeal or cassation request is submitted within the specified time, the office of the court that issued the initial ruling must immediately, or after correcting any deficiencies, send the file to the provincial Court of Appeal or the Supreme Court.

 

Article 440

If the appeal or cassation petition is missing one of the required conditions, the court clerk must notify the petitioner of the deficiencies within two days and warn them to correct them within ten days of the notification. If the deficiencies are not corrected within the deadline, and the request or petition is submitted late, the clerk must submit the file to the head of the court to issue the appropriate order. This order can be appealed in the Court of Appeal or the Supreme Court, as appropriate.

 

Article 441

If the appellant or cassation requester withdraws their request or petition, the court that issued the initial ruling will issue an order rejecting the request or canceling the petition. If the file has already been sent to the appeal or cassation authority, the Court of Appeal or the Supreme Court will issue the order rejecting the request or canceling the petition. In any case, a new appeal or cassation request is not accepted.

 

Article 442

In all punitive sentences, if the prosecutor has not requested an appeal of the issued ruling, the convicted party may, before the end of the appeal period, visit the court that issued the ruling to waive their right to appeal or withdraw the appeal request and request a reduction of the punishment. In this case, the court will review the matter in an expedited manner with the prosecutor’s presence and may reduce the punishment by up to one-quarter. This court ruling is final.

 

Article 443

Rulings issued in the appeal stage are final.

 

Article 444

The authority to review requests for appeals from the rulings and decisions of the Juvenile and Family Court is a specialized division of the provincial Court of Appeal, which is determined by the Chief Justice according to the provisions of this law. The authority for cassation of rulings and decisions of the criminal court handling juvenile and family crimes is the Supreme Court.

 

Article 445

Rulings of the Juvenile and Family Court are subject to appeal in all cases.

 

Article 446

A request for appeal of the rulings and decisions of the Juvenile and Family Court can be submitted to the office of the court that issued the ruling, the office of the Court of Appeal of the province, or, if the child or juvenile is in a correctional facility, to the office of that facility.

 

Article 447

A request for appeal from the rulings and decisions of the Juvenile and Family Court can be filed by the juvenile, their legal guardian, or their attorney. The prosecutor may also file an appeal if the rulings or decisions are deemed contrary to the law. The private prosecutor may only appeal rulings related to damages, acquittal, or decisions to drop or suspend prosecution, or decisions to archive the case.

 

Chapter 2: Quality of Proceedings in the Provincial Court of Appeal

Article 448

Files, upon reaching the provincial Court of Appeal, are registered either in the central registry office or, where applicable, in an electronic system, according to the provisions of electronic litigation. These files are referred, in order of receipt, by the head of the judiciary or their deputy or one of the heads of the divisions, with consideration of specialization and the order of receipt, through the electronic system in courts that have it.

 

Article 449

The court will review the cases in the order of receipt, unless the law requires an expedited review.

Note: In cases involving crimes that may outrage public sentiments, with the prosecutor’s request and the approval of the provincial Court of Appeal, the case will be reviewed out of order.

 

Article 450

The head of the division will review the referred files, prepare a comprehensive report, or refer them to one of the members of the provincial Court of Appeal. The member will prepare a report that includes the progress of the case and a thorough examination of the appeal request and its legal grounds, which will be read at the court session. A summary of this report will be included in the file, and the court will make a decision as follows:

1. If investigations are incomplete, an order to rectify the deficiencies will be issued, and the case will be sent to the prosecutor’s office or the court that issued the ruling for further action. Alternatively, the Court of Appeal may conduct the investigations itself.
2. If the ruling issued is a decision and no further investigations or actions are required, and the decision was issued in accordance with regulations, it will be upheld and the file will be sent back to the court that issued the decision. If the Court of Appeal believes the ruling should be overturned for any reason, the case will be sent back to the issuing court for expedited review.
3. If the ruling was issued by a court that lacks jurisdiction, the Court of Appeal will annul the ruling and send the case to the competent authority, informing the court that issued the ruling.
   d. If the act the convicted party was accused of committing is not considered a crime, or the accused is exempt from prosecution due to a general amnesty or other legal reasons, the appropriate ruling will be issued.
4. In cases involving crimes punishable by the most severe penalties (such as capital punishment or amputation) or serious unintentional crimes with damages exceeding half of the full blood money, or less severe crimes with prison sentences, or crimes punishable under lower categories, the Court of Appeal will set a hearing date, summoning the necessary parties and individuals for the hearing.

 

Article 451

When the case in the Court of Appeal requires a hearing date and the summons of the parties, the hearing will proceed as follows, with the presence of the provincial prosecutor or one of their deputies or assistants:

1. Reading the case report and the investigations and actions taken by one of the court’s members.
2. Asking the necessary questions and taking testimony from the parties by the president or legal advisor, and hearing their defenses.
3. Gathering information from witnesses and informants if necessary.
4. Hearing the prosecutor’s opinion or the representative’s, as well as the complainant’s or private prosecutor’s statements, and the last defense from the accused or their attorneys.

 

Article 452

A ruling for an examination of the location or an on-site investigation will be carried out by the head of the court or, as designated by them, by one of the legal advisors of the division. If the location is outside the jurisdiction of the provincial center, the court may request the local court to carry out the examination. If the location falls under a different province’s jurisdiction, the request can be made by granting judicial commission to the local court.

 

Article 453

If the Court of Appeal requires the presence of an imprisoned person, an order for their transfer to the relevant detention facility will be issued. If the detention facility is in another location, the court may authorize the transfer to a nearby facility if necessary, pending the case’s resolution.

 

Article 454

The summons, arrest, examination of evidence, issuance of a judgment, and other procedures in the Provincial Court of Appeal are in accordance with the rules and regulations of the first instance stage.

 

Article 455

The Provincial Court of Appeal, after conducting a hearing session and declaring the conclusion of the proceedings, makes a decision as follows:

1. A) If the judgment under appeal is in accordance with the evidence in the case file and the law, the court affirms the judgment and returns the file to the court that issued the judgment.
2. B) If the defendant is not subject to legal prosecution or if the Provincial Court of Appeal, for any reason, acquits the defendant, it will annul the appealed judgment and issue an appropriate decision, even if the convicted person has not filed an appeal. If the convicted person is in prison, they will be immediately released by the order of the court.
3. C) If the Provincial Court of Appeal finds the judgment under appeal to be contrary to the law, it will annul the judgment with reasoning, citing the legal foundations and references, and issue a new decision on the merits.

Note: Failure to comply with procedural formalities does not invalidate the judgment unless the procedural omission is of such significance that it undermines the credibility of the judgment.

 

Article 456

If an appeal is filed against the judgment, and the defendant has not provided security, or the security does not match the crime and the damages of the private complainant, the Provincial Court of Appeal may, if necessary, order the appropriate security either on its own or upon the request of the prosecutor, the complainant, or the defendant. This decision is final.

 

Article 457

If the judgment under appeal contains errors in determining the identity of the parties, the type and amount of punishment, the application of the law, calculation of the penalty or damages, or similar issues that do not affect the essence of the judgment, the Provincial Court of Appeal will correct the judgment, affirm it, and send a notice to the court of first instance.

 

Article 458

The Provincial Court of Appeal cannot increase the discretionary punishment or preventive and educational measures specified in the judgment under appeal unless the original judgment imposed a penalty lower than the legal minimum prescribed, and the complainant or the prosecutor has appealed. In such cases, the Provincial Court of Appeal, after correcting the judgment, will impose the legal minimum punishment.

 

Article 459

If the Provincial Court of Appeal believes the defendant is deserving of a reduced punishment, it may, based on reasoning, reduce the punishment within the limits of the law, even if the convicted person did not request an appeal.

 

Article 460

The Provincial Court of Appeal must issue its ruling immediately after concluding the proceedings, or, if not possible, within the first opportunity and no later than one week. Failure to issue a judgment within the specified period will result in disciplinary punishment up to grade four.

 

Article 461

In cases where the judgment of the Provincial Court of Appeal results in the conviction of the defendant, and neither the defendant nor their lawyer was present in any of the first instance or appeal proceedings, nor did they submit a defense or objection, the judgment is subject to review within 20 days from its actual notification to the defendant or their lawyer. The ruling made at this stage is final.

 

Chapter 3 – The Procedure of the Supreme Court

Article 462

The Supreme Court is located in Tehran, and its chambers are composed of the president and two advisors. It is the court of final appeal for crimes mentioned in Article 428 of this law.

 

Article 463

The Supreme Court may have deputy members who can assume the role of advisors or the president.

 

Article 464

The grounds for filing an appeal to the Supreme Court are as follows:

1. A) Claiming a failure to observe the laws concerning the defendant’s fault and legal punishment.
2. B) Claiming a failure to observe due process in a manner that undermines the credibility of the court’s judgment.
3. C) Claiming a discrepancy between the evidence and the documents in the case file.

 

Article 465

Cases are registered in the central office, or in the case of an electronic case management system, in that system in accordance with regulations regarding electronic proceedings. The president or deputy of the Supreme Court, or in their absence, one of the heads of the chambers of the court chosen by the president, will refer the case to one of the chambers through the electronic system, based on the specialization of the chamber and the order of receipt.

 

Article 466

The chambers of the Supreme Court examine cases sequentially, unless otherwise specified by law or in criminal cases that, by the president’s determination, would severely affect public sentiment, necessitating an expedited process.

 

Article 467

The head of the chamber will review the referred case files and prepare a comprehensive report, or alternatively, refer the case to another member of the chamber for review. The designated member will prepare a reasoned report on the case, including an examination of the appeal and its legal grounds, and submit it to the head of the chamber.

Note: If the head or reviewing member detects any violations of the law or judicial principles by the judges involved in the case, they must mention it in the report with detailed reasoning. A copy of the report will be sent to the Judicial Disciplinary Prosecutor for action.

 

Article 468

In Supreme Court proceedings, the parties or their lawyers are not summoned unless the chamber deems their presence necessary. The absence of the summoned parties does not delay the proceedings or the decision-making.

 

Article 469

During the proceedings, the reviewing member will read the case report and any necessary documents. If the parties or their lawyers are present, they may, with the permission of the head of the chamber, present their views. The Attorney General or their representative will also provide a written and reasoned opinion on whether the appealed decision should be upheld or annulled. The chamber members will then decide, taking into account the case file, the report, and the Attorney General’s opinion:

1. A) If the judgment is in accordance with the law and the evidence, the court will affirm it and return the file to the court of origin.
2. B) If the judgment is contrary to the law, fails to consider the evidence and defenses of the parties, or does not comply with legal formalities in a way that undermines the judgment’s credibility, the chamber will annul the decision and proceed as follows:
3. If the act the defendant was convicted of is not a crime, or if due to a general pardon or other legal reasons, the defendant is not prosecutable, the judgment will be annulled without referral.
4. If the judgment is an order or ruling that has been annulled due to insufficient investigation, it will be referred back to the court that issued it for further proceedings.
5. If the judgment is annulled due to the lack of the court’s jurisdiction, the case will be sent to the appropriate court as determined by the Supreme Court.
6. In other cases, the case will be referred to a court of equal rank.

Note: If the Supreme Court annuls a judgment due to insufficient investigation, it must specify all areas where the investigation was deficient.

 

Article 470

After the Supreme Court annuls a judgment, the following actions must be taken:

A: If the judgment was annulled due to incomplete investigation, the necessary investigations must be conducted, and a new judgment must be issued.

B: If the judgment was annulled due to a procedural order and merits need to be examined, the decision must follow the Supreme Court’s opinion and proceed with the case on its merits.

C: If the judgment is annulled in other cases, the court may insist on the previous judgment. If this judgment is appealed to the Supreme Court, and the court accepts the reasoning, the judgment will be upheld. Otherwise, the case will be presented to the General Assembly of the Criminal Chambers for further deliberation.

 

Article 471

If different chambers of the Supreme Court or courts issue conflicting rulings on similar matters, whether civil, criminal, or other legal issues, the president of the Supreme Court or the Attorney General must request a unified opinion from the Supreme Court’s General Assembly to resolve the conflict. Other judges, prosecutors, or lawyers can also request such an opinion.

 

Article 472

The Supreme Court’s General Assembly must be convened with the presence of the Attorney General or their representative before any decision is made.

 

Article 473

The rulings issued by the Supreme Court’s General Assembly on establishing legal precedents can only be changed by law or subsequent rulings by the General Assembly as specified in Article 471.

 

Chapter 4: Reinstatement of Proceedings

Article 474

A request for reinstatement of proceedings concerning final convictions of the courts, whether the judgment has been executed or not, will be accepted in the following cases:

1. A) If a person is convicted of the murder of an individual, and later, it is established that the person is still alive.
2. B) If several individuals are convicted for committing a crime, and the nature of the crime is such that only one perpetrator can be identified.
3. C) If a person is convicted for a crime, and another person has also been convicted by a court of law for the same crime, such that the conflict and contradiction between the two judgments lead to the exoneration of one of the individuals.
4. D) If contradictory judgments are issued for a person regarding the same offense.
5. E) If it is proven in the competent court that forged documents or false testimony by witnesses were the basis of the judgment.
6. F) If, after the final judgment, a new fact arises, or new evidence or appearance is presented that proves the innocence or lack of guilt of the convicted person.
7. G) If the act committed is not a crime, or the punishment imposed is beyond the legal prescribed punishment.

 

Article 475

The following persons have the right to request the reinstatement of proceedings:

1. A) The convicted person or their attorney or legal representative; in case of death or absence of the convicted person, their spouse, legal heirs, or executor.
2. B) The Attorney General.
3. The prosecutor executing the judgment.

 

Article 476

A request for reinstatement of proceedings must be submitted to the Supreme Court. This authority, after confirming that the request aligns with one of the cases mentioned in Article 474 of this law, may grant the reinstatement of proceedings and refer the case to a court with equivalent authority to the court that issued the final judgment. If not, it will issue a ruling rejecting the reinstatement of proceedings.

 

Article 477

If the head of the judiciary finds that a final judgment issued by any judicial authority is clearly against religious principles, they may authorize the reinstatement of proceedings and send the case to the Supreme Court, where a special chamber appointed by the head of the judiciary will examine the case and issue a final judgment. This chamber, based on the clear violation of religious principles, will annul the previous judgment and reexamine the case, both procedurally and substantively, issuing a new judgment as appropriate.

Note 1: Final judgments from judicial authorities (including civil and criminal judgments), such as those from the Supreme Court, the military judiciary, appellate and primary courts, prosecutors’ offices, and dispute resolution councils, are included.

Note 2: If the Supreme Court’s chambers authorize the reinstatement of proceedings or issue temporary orders that the head of the judiciary considers clearly against religious principles, they are subject to the provisions of this article.

Note 3: If the head of the Supreme Court, Attorney General, head of the military judiciary, or head of a provincial court determines that a final judgment (civil or criminal) violates religious principles in the course of their legal duties, they may request the head of the judiciary to authorize the reinstatement of proceedings, citing legal grounds. This provision can only be applied once, unless a new violation of religious principles occurs for a different reason.

 

Article 478

If the Supreme Court grants the reinstatement of proceedings or accepts a request under Article 477, the execution of the judgment will be suspended until a new judgment is issued. If no security was taken from the defendant, or the security is deemed insufficient or inappropriate, the court handling the reinstated case will take the necessary security measures.

Note: If the punishment in the judgment is of the type that involves the deprivation of life, physical punishments, or destruction of property, the Supreme Court chamber will issue a suspension of the execution of the judgment before making a decision on the reinstatement request.

 

Article 479

Once the retrial begins, if the evidence presented is strong, a decision will immediately be made to suspend the effects and consequences of the original judgment, and the trial will proceed according to the provisions of this law.

 

Article 480

If, after a substantive review, the court finds the request for reinstatement of proceedings to be valid, it will annul the previous judgment and issue a new, appropriate ruling. If the request for reinstatement pertains to part of the judgment, only that part will be annulled or corrected. The judgment will be subject to regulations regarding appeal or cassation.

 

Article 481

If the reason for reinstatement is conflicting judgments, the court, upon accepting the request for reinstatement, will affirm the judgment it deems correct and annul the other, and if both judgments are deemed incorrect, it will annul them and proceed with the case according to the law.

 

Article 482

No further request for reinstatement of proceedings will be accepted concerning a judgment issued after a reinstatement, unless the request is based on the grounds of Article 477 and the new judgment conflicts with established religious principles for reasons different from the previous ones, or if the new judgment, once again, contradicts established religious principles.

 

Article 483

If the complainant or private prosecutor in non-compoundable crimes withdraws their complaint after the final judgment, the convicted person may request the court that issued the final judgment to reconsider the sentence. In such cases, the court will review the matter in an expedited manner with the presence of the prosecutor or their representative, following the provisions of Article 300 of this law. The court may, if appropriate, reduce the punishment within the legal limits or replace it with a more suitable one. This judgment is final.

 

Part Five: Enforcement of Criminal Judgments and Preventive and Educational Measures

Chapter One: General Provisions

Article 484

The enforcement of criminal judgments is the responsibility of the prosecutor, and the “Criminal Judgment Enforcement Division,” under the supervision and leadership of the prosecutor, is in charge of this task in areas designated by the head of the judiciary.

Note 1: The Criminal Judgment Enforcement Division may, when necessary, have specialized units for executing judgments.

Note 2: The Criminal Judgment Enforcement Division or one of its units may be established in prisons or correctional facilities, as approved by the head of the judiciary. The establishment process and the implementation of its duties will be regulated by guidelines prepared within six months from the date this law comes into force by the Minister of Justice in cooperation with the head of the Prisons and Preventive and Educational Measures Organization and will be approved by the head of the judiciary.

Note 3: In judicial districts of rural areas, the responsibility for enforcing criminal judgments falls to the head of the court, or in their absence, to the alternate judge.

 

Article 485

The Criminal Judgment Enforcement Division will have sufficient judges, social workers, enforcement officers, and supervisory officers available.

Note: The judge responsible for enforcing criminal judgments must have at least three years of judicial service experience.

 

Article 486

The judiciary will establish an appropriate structure under the title “Social Work” in the jurisdiction of each county to fulfill the duties of social workers.

 

Article 487

Social workers will be employed from graduates of social work, educational sciences, psychology, sociology, criminology, and law.

Note: Among the mentioned fields, priority will be given to graduates of social work programs.

 

Article 488

In each Criminal Judgment Enforcement Division, a Criminal Record and Pardon Unit shall be established to perform the following duties:

1. A) Creating a database of dangerous criminals, fugitives, and escaped convicts.
2. B) Preparing criminal records for those convicted of effective criminal offenses, with precise details, fingerprints, and photographs electronically recorded.
3. C) Registering and submitting requests for pardons for convicts, as well as recommending pardons or reductions in sentences according to the law.

Note 1: The procedure for recording and organizing these details, the access to this information, and the establishment and operation of the electronic criminal record network, in compliance with regulations regarding electronic proceedings, shall be defined in a regulation. This regulation will be prepared within six months from the enactment of this law by the Minister of Justice, in cooperation with the head of the Prisons and Preventive and Educational Measures Organization, and shall be approved by the head of the judiciary.

Note 2: The actions specified in paragraphs (A) and (B) of this article shall be carried out in collaboration with law enforcement and intelligence and security agencies.

 

Article 489

The duties of the Criminal Judgment Enforcement Judge include:

1. A) Issuing orders for the enforcement of final criminal judgments and supervising the manner of their execution.
2. B) Overseeing prison matters concerning prisoners.
3. C) Issuing opinions on prisoners eligible for pardon or parole, in accordance with the laws and regulations.
4. D) Granting leave to convicts based on applicable laws and regulations.
5. E) Making decisions regarding elderly convicts, those with mental disorders, serious physical illnesses, or other convicts requiring special care, such as granting permission for hospitalization in medical centers according to guidelines and regulations.
6. F) Performing other duties imposed by law or regulations for the execution of punishments or assigned to the Criminal Judgment Enforcement Judge or prison supervisor.

 

Article 490

Criminal judgments shall be executed after notification in the following cases:

1. A) A final judgment issued by the first-instance court.
2. B) A judgment for which no objection, appeal, or cassation has been filed within the legal time limit, or if the appeal or cassation request has been rejected.
3. C) A judgment that has been confirmed by the appellate authority or issued after the appeal or cassation of the first-instance judgment.
4. D) A judgment confirmed by the cassation authority.

 

Article 491

If the Criminal Judgment Enforcement Judge finds a judgment not to be legally enforceable, they shall inform the prosecutor and the court that issued the final judgment, and proceed according to the court’s decision.

 

Article 492

If a judgment is issued for multiple individuals, and some of them have filed an objection, appeal, or cassation within the prescribed time, the judgment will be enforceable for the others after the objection, appeal, or cassation time limit has passed.

 

Article 493

An objection, appeal, or cassation regarding part of the judgment does not prevent the enforcement of the other parts of the judgment that are enforceable.

 

Article 494

The enforcement of a judgment begins upon the order of the Criminal Judgment Enforcement Judge and shall not be suspended unless required by law.

 

Article 495

Criminal judgments are enforced under the order and supervision of the Criminal Judgment Enforcement Judge. In cases where the enforcement must be carried out by ministries, institutions, state-owned companies, non-governmental public institutions, or organizations specified by law, the Criminal Judgment Enforcement Judge will oversee the enforcement and provide necessary instructions.

 

Article 496

All judicial officers, law enforcement and military forces, officials, and employees of ministries, state institutions, companies, public non-governmental organizations, and organizations specified by law must comply with the orders of the Criminal Judgment Enforcement Judge within the scope of their duties. Those who fail to comply with the regulations of this article will be subject to disciplinary and administrative prosecution and may also face legal penalties.

 

Article 497

Any ambiguity or lack of clarity in the judgment shall be resolved by the court that issued the final judgment. However, any issues related to the enforcement of the judgment, in compliance with legal and religious standards, shall be resolved by the Criminal Judgment Enforcement Judge who supervises the enforcement of the judgment.

 

Article 498

If the method of execution is specified in the judgment, it shall be carried out accordingly. If the method of execution is not specified, the Criminal Judgment Enforcement Judge will execute the judgment in accordance with legal provisions.

 

Article 499

Public execution of punishment is prohibited, unless required by law or when, due to the social impact of the crime, the manner in which it was committed, the offender’s background, or concerns about the offender or others being encouraged to commit similar acts, the court or, at the court’s suggestion, the prosecutor deems public execution necessary, and explicitly states this in the judgment.

 

Article 500

The convict is summoned for the execution of the judgment. If the convict fails to appear, the guarantor or surety will be warned to surrender the convict for the execution of the judgment. In such cases, the Criminal Judgment Enforcement Judge may simultaneously issue an arrest warrant for the convict.

Note: If there is a risk of the convict fleeing or hiding, the Criminal Judgment Enforcement Judge may issue an arrest warrant at the outset, with justification in the case file.

 

Article 501

The execution of punishment may be postponed by the discretion and order of the Criminal Judgment Enforcement Judge in the following cases:

1. A) During pregnancy.
2. B) After childbirth, for a maximum of six months.
3. C) During breastfeeding, for a maximum period until the child reaches two years of age.
4. D) The execution of flogging during menstruation or abnormal uterine bleeding (istihadhah).

 

Article 502

If the convict suffers from a physical or mental illness, and executing the punishment would exacerbate the illness or delay recovery, the Criminal Judgment Enforcement Judge, after consulting with forensic medicine, shall postpone the execution of the punishment until recovery. If in discretionary crimes there is no hope for the convict’s recovery, the Criminal Judgment Enforcement Judge, after confirming the illness and its impact on the enforcement of the punishment, shall, with justification, refer the case to the issuing court for the conversion of the punishment into another suitable one, taking into account the nature of the illness and the punishment.

Note: If a convict falls ill during the execution of the punishment, and the postponement is urgent, the Criminal Judgment Enforcement Judge, upon issuing an order to stop the execution, will take the necessary steps as per the provisions of this article.

 

Article 503

If a convict in discretionary crimes becomes insane after the final judgment, the execution of the punishment will be postponed until the convict recovers, except for financial punishments that are to be collected from the convict’s property.

Note: A convict who has been sentenced to imprisonment or is in prison due to non-payment of a monetary fine, in case of insanity, will be detained in a psychiatric hospital or another suitable place until recovery. This period will be counted as part of the sentence.

 

Article 504

In cases other than imprisonment, if the Head of the Judiciary agrees to pardon or reduce the punishment of a convict for submission to the Supreme Leader, and issues an order to suspend the execution of the sentence, the execution of the judgment will be suspended.

 

Article 505

In cases where the execution of the judgment is suspended according to the law, the Criminal Judgment Enforcement Judge will issue a suspension order for execution.

 

Article 506

The suspension of the execution of punishment will not affect the rights of the complainant or private claimant, or the enforcement of the confiscation of objects and property used in the commission of the crime or obtained from it, unless the suspension is due to the repeal of the legal punishment.

 

Article 507

If the execution of the punishment requires repeated access to the convict and the convict does not have sufficient security arrangements or the issued security is inadequate, the Criminal Judgment Enforcement Judge will issue a new, appropriate security arrangement as per the regulations.

 

Article 508

The Criminal Judgment Enforcement Judge will make decisions regarding requests from the convict, guarantor, or surety to change the security arrangement, replace the guarantor or surety, or substitute the collateral.

 

Article 509

If the actions of the Criminal Judgment Enforcement Judge do not lead to access to the convict, and there is a concern that the convict may flee the country, the judge may issue a travel ban against the convict and inform the legal authorities. However, as soon as the convict appears or is arrested, the judge will revoke this order.

 

Article 510

If, after the issuance of the judgment, it becomes known that the convict has other final convictions, and the application of the rules of multiple offenses affects the execution of the punishment, the Criminal Judgment Enforcement Judge shall act as follows:

1. A) If the judgments have been finalized, or have become final due to no appeal, and the courts are equal in rank, the case files will be sent to the court that issued the last judgment. If the courts are of different ranks, the case will be sent to the higher-ranked court so that, after annulment of all judgments, a single judgment will be issued in accordance with the rules related to multiple offenses.
2. B) If at least one of the judgments has been issued by the Provincial Court of Appeal, the case files will be sent to that court, where, after annulment of all judgments, a single judgment will be issued based on the rules for multiple offenses. If the judgments come from different branches of the Provincial Court of Appeal, the branch that issued the last appealed judgment will have jurisdiction.
3. C) In other cases, including where at least one judgment has been confirmed by the Supreme Court, or if multiple judgments have been issued in different judicial jurisdictions or courts with different jurisdictions, the case files will be sent to the Supreme Court to take appropriate action as per sections (A) or (B).

Note: In the cases above, the court will handle the matter in an expedited manner, without the presence of the parties, and issue a single judgment in accordance with the rules for multiple offenses, without reviewing the conditions and nature of the original convictions.

 

Article 511

If it becomes known during the execution of the judgment that the convict has previous final convictions that would affect the application of the repeat offender regulations, the Criminal Judgment Enforcement Judge will send the case to the court that issued the final judgment. If the court confirms the previous convictions, it will proceed according to the regulations.

Note: If the judgment has been confirmed by the Supreme Court, the case will be sent to that authority, and if the previous convictions are confirmed, the Supreme Court will annul the judgment and return the case to the issuing court for a new ruling.

 

Article 512

A person who is acquitted by a final judgment may, within six months from the date of notification of the judgment, request from the issuing court that the acquittal be published at the expense of the Judiciary in one of the widely circulated newspapers.

 

Chapter Two – Execution of Imprisonment Punishments

Article 513

Persons sentenced to imprisonment, along with their full details, type of crime, sentence, prior detention days, and the issuing court, will be sent to the prison within the jurisdiction of the sentencing court or the nearest jurisdiction in the province, accompanied by male or female guards and following necessary security measures.

Note 1: Prisons are classified into closed prisons, semi-open prisons, vocational and employment centers, and preventive and educational centers, including reform and rehabilitation centers for children and juveniles.

Note 2:  Except in cases specified by law or the court’s judgment, convicts will be kept in one of the aforementioned sections based on their type and duration of sentence, background, and personality, as decided by the Classification Council and approved by the Criminal Judgment Enforcement Judge.

Note 3: If the convict’s place of residence is outside the jurisdiction of the sentencing court, the convict will be transferred to the prison nearest to their place of residence, unless this would cause harm. In this case, the convict will be transferred to the nearest prison as decided by the sentencing judge. The costs of the transfer will be paid from the Judiciary’s budget.

 

Article 514

It is prohibited to detain convicts and accused persons in the same facility. The detention of accused persons will be carried out in detention centers under the supervision of the Prisons and Preventive and Educational Measures Organization.

 

Article 515

The duration of all imprisonment sentences begins on the day the convict is imprisoned under a final, enforceable judgment. If the convict has been detained or under investigation before the issuance of the judgment due to the charges in the same case, the prior detention period will be deducted from their sentence.

Note: If the detention or investigation time is less than 24 hours, it will be considered as one day of detention.

 

Article 516

In the case of alternative punishments to imprisonment, flogging, or fines, the previous detention days mentioned in Article 515 will be calculated as follows:

1. A) For each day of prior detention, one day of daily fines, eight hours of community service, and five days of probation will be deducted.
2. B) In the case of flogging as a discretionary punishment, three lashes will be deducted for each day of prior detention.
3. C) For monetary fines, the provisions of the section on the execution of financial penalties will apply.

 

Article 517

If the judge issuing the judgment has not calculated the previous detention days, the judge in charge of executing criminal judgments shall, in accordance with the criteria of the above-mentioned articles, take into account these days when taking action.

 

Article 518

The judge in charge of executing criminal judgments is required to issue an order to set a date for the file of the prisoner so that it is reviewed at least ten days before the completion of the prison term. The release order for the prisoner should be issued on the specified date and communicated to the prison. The head of the prison is also required to act immediately for the prisoner’s release after the completion of their sentence if the prisoner is not detained for another offense and inform the judge of the execution of the criminal judgment of the result.

Note: If the violation of this article results in imprisonment beyond the period specified in the ruling, the judge in charge of executing criminal judgments shall be responsible for compensating the additional imprisonment, in addition to an administrative penalty up to level four, in accordance with Articles (14) and (255) of this law.

 

Article 519

The head of the prison must immediately and in writing inform the judge in charge of executing criminal judgments or the relevant judicial authority about any transfer or dispatch of a prisoner to another prison or jurisdiction, including their return, with the reasons and background provided.

 

Article 520

Convicts can be granted a maximum of three days of leave per month if they comply with the prison regulations, participate in reform and educational programs, and earn the necessary privileges after providing adequate security. In cases of acute illness or the death of first-degree relatives (either blood or in-laws), the convict may be granted up to five days of leave at the prosecutor’s discretion. The regulations regarding this article, the privileges for each of the reform and educational programs, the compatibility of the prisoners’ conditions with the specified terms, and the method of granting leave will be established by a regulation, which will be prepared by the Prison Organization and approved by the head of the Judiciary within three months of the approval of this law.

Note 1: In cases falling under the second part of this article, if the provision of security is not possible, the prisoner may be escorted by officers for one day a month, for up to ten hours.

Note 2: The dispatch of detained suspects on leave is only permitted for the period and under the conditions specified in the above note and with the approval of the issuing authority.

Note 3: In cases where the prisoner has a private complainant and the prosecutor or the judge in charge of executing the sentence deems that granting leave may lead to the complainant’s satisfaction, the prisoner may be granted an additional leave, once during the sentence, for up to seven days after providing adequate security. If the convict can pay part of the damages or gain the complainant’s consent, this leave will be extended for another seven days, once.

Note 4: Convicts who, by law, are not subject to suspension of sentence can be granted up to five days of leave every four months after serving one-third of their sentence, provided they meet the conditions mentioned in the article’s introduction and upon the prosecutor’s discretion.

Note 5: The head of the Judiciary may grant prisoners, who meet the requirements, leave in addition to the limit specified in this law, twice a year, on national and religious occasions.

Note 6: Individuals who are required by religious law to remain permanently in prison are excluded from the provisions of this article and its notes.

 

Article 521

If the punishment of imprisonment is accompanied by temporary suspension from service, the execution of the temporary suspension begins after the completion of the prison sentence.

Note: The time during which the convict was suspended from service due to legal requirements before the final judgment is deducted from the duration of the temporary suspension.

 

Article 522

If medical treatment for a convict is necessary outside of prison, the judge in charge of executing criminal judgments will determine the required treatment duration based on the medical examiner’s opinion. The execution of the sentence will be postponed with appropriate security measures. If the convict fails to provide adequate security, the treatment will be conducted under the supervision of officers at the hospital, and the treatment period will be considered part of the sentence.

Note: The provisions of this article apply to the transfer for medical treatment of other individuals held in custody as well.

 

Article 523

Children up to the age of two should not be separated from a mother who has been sentenced to imprisonment or exile, unless it is in the best interest of the child. In such cases, the child should be placed with the father, and if he is absent or unfit, with the paternal grandfather, guardian, or relatives, observing the order of inheritance. If these individuals are absent or unfit, the child should be placed in a qualified institution.

 

Article 524

In the case of a disciplinary offense committed by a prisoner, one of the following penalties will be determined by the disciplinary council, in accordance with the level of the offense, and will be enforced after the approval of the judge in charge of executing the criminal judgment:

1. a) Transfer from vocational training and employment centers to a closed or semi-open prison.
2. b) Suspension of visitation rights for up to three sessions.
3. c) Suspension of leave for up to three months.
4. d) Suspension of the proposal for pardon and conditional release for up to six months.

 

Article 525

Reform and rehabilitation centers are places established by the Prison Organization and the country’s Correctional and Rehabilitation Services in provincial centers and, based on need and necessity, in other areas as determined by the head of the Judiciary, to hold and rehabilitate children and adolescents.

 

Article 526

Judges of juvenile and adolescent courts are required to inspect the correctional and rehabilitation centers in their jurisdiction at least once a month to review the judicial status, education, and moral development of the juveniles. This does not prevent the prosecutor from performing their legal duties.

 

Article 527

If, based on reports from the center’s administrators, a child or adolescent’s behavior is likely to corrupt other children or adolescents, the juvenile court judge may, upon confirming the issue, have the child or adolescent transferred to another location in the same facility. After their behavior is corrected, the judge may return them to the previous location.

 

Article 528

The executive regulations concerning the detention, classification of convicts and detainees, their employment and vocational training, rehabilitation programs, prisoner visitation, the operation of correctional and rehabilitation centers, the quality of rehabilitation of children and adolescents, classification of minors by gender, age, crime types, and the procedures for the execution of imprisonment sentences shall be prepared by the Ministry of Justice in cooperation with the Prison Organization within six months of the enactment of this law and be approved by the head of the Judiciary.

 

Chapter Three – Execution of Financial Penalties

Article 529

If someone is sentenced to pay a monetary fine by a final court ruling and does not pay, their assets will be identified and seized by the enforcement authority. After excluding items protected by law, the sale of these assets will be used to execute the judgment. If assets are unavailable or unidentified, the enforcement authority may seize a portion of the convicted person’s wages or other income to enforce the fine. If the convicted person requests installment payments and is found capable of paying in installments, the original court may allow this after securing appropriate guarantees.

If enforcement of the judgment is not possible through the above methods, alternative penalties for imprisonment will be applied as follows:

1. a) For fines up to 15 million rials, each 30,000 rials will be converted to one hour of community service.
2. b) For fines above 15 million rials or if the first option is not applicable, each 300,000 rials will be converted to one day of imprisonment.

Note 1: If the convict was detained before the final sentence for the fine due to the charges in the case, the court will deduct one day of imprisonment for every 300,000 rials from the sentence.

Judges of execution are required to ensure these procedures are followed when enforcing the judgment and to take action if they are not.

Note 2: The issuance of an installment judgment for a monetary fine or its conversion into another penalty does not prevent the recovery of the equivalent of the portion of the fine that has not been enforced from assets later acquired by the convicted person.

Note 3: If the convicted person appears within ten days from the date of the delivery of the summons issued by the judge in charge of executing criminal judgments to pay the monetary fine, the judge may exempt them from paying twenty percent (20%) of the fine. The office of the judge in charge of executing criminal judgments is obligated to mention this exemption in the summons issued to the convicted person.

 

Article 530

In cases where a person is sentenced to a monetary fine in the first instance, the convicted person may request the court that issued the judgment for installment payments before the judgment becomes final. This request does not waive the right to appeal.

Note: The request for installment payments of the monetary fine must be filed independently in each case.

 

Article 531

If the convicted person is in prison at the time of the initial ruling regarding installment payments as a penalty in lieu of a monetary fine, they shall be immediately released by the court that issued the ruling. In any case, the possibility of appealing the ruling regarding the installment payments does not prevent the execution of the initial ruling on the installment arrangement.

 

Article 532

If a ruling has been issued for the installment of a monetary fine and the convicted person fails to make timely payments, upon notification from the judge in charge of executing criminal judgments, the installment ruling will be annulled by the court that issued the final judgment, and necessary legal actions will be taken to enforce the sentence.

 

Article 533

After an installment ruling has been issued, if the convicted person acquires the financial means, they are obligated to inform the executing judge within a maximum of three months, so that the necessary actions can be taken to collect the fine. If they fail to do so, the executing judge may notify the court that issued the final ruling to annul the installment arrangement.

 

Article 534

If the convicted person pays all or part of the blood money before the legal deadline for payment, the judge in charge of executing criminal judgments shall accept the payment and notify the victim of the payment.

Note: The deadlines for paying blood money in cases of semi-intentional crimes and pure negligence do not prevent the acceptance of a request for exemption or installment payments.

 

Article 535

If the convicted person dies before paying the blood money, the executing judge, upon request from the victim, shall recover the blood money from the deceased’s estate according to the relevant regulations.

 

Article 536

If a judgment involves returning property to a person, and they fail to claim the movable property within six months from the date of the notification by the executing judge without valid excuse, the executing judge may order the sale of the property if there is a reasonable suspicion that the property may deteriorate. In such cases, the property will be sold, and after deducting the related costs, the proceeds will be deposited in the judiciary’s fund.

 

Article 537

The enforcement of orders from the prosecutor and final judgments of criminal courts regarding the confiscation and seizure of assets, collection of fines, bail, collateral, monetary fines, blood money, property restitution, or compensation for damage caused by a crime is the responsibility of the Criminal Judgment Execution Department.

Note: If enforcing such an order or ruling involves the seizure or sale of assets, the procedures will follow the regulations on civil enforcement.

Article 538

In the execution of Articles (232) and (233) of this law, blood money or compensation for damages caused by a crime shall initially be paid from the confiscated property, and any excess will be seized for the benefit of the state.

 

Article 539

A request for installment payments of a monetary fine will not be accepted from a merchant. A merchant requesting installment payments must file for bankruptcy according to the Commercial Code. Small traders are not subject to this provision.

 

Article 540

Other regulations and arrangements regarding the enforcement of financial penalties shall follow the law on the enforcement of financial penalties.

 

Chapter Four: Enforcement of Other Criminal Judgments

Article 541

If the execution of a penalty depends on a request from the victim, and there is a delay in the request without a valid excuse, the executing judge will notify the victim to announce their decision regarding the execution of the judgment within three months. If this period passes and the request for execution is not received without a valid excuse, the executing judge will annul the security measure, and the convicted person will be released if they are not in custody for another reason, and the case will be temporarily archived.

 

Article 542

If a convicted person is sentenced to death for crimes not subject to pardon or those not subject to retaliation (qisas), and they request a pardon before the execution of the sentence, the execution of the sentence will be delayed only once until the result of the pardon request is announced by the Pardon and Sentence Reduction Commission. The Commission is obligated to process the request within two months and inform the court of the result.

Note: The judge in charge of executing criminal judgments is obligated to notify the convicted person at least one week before the execution of the death sentence as specified in this article.

 

Article 543

Before the execution of the death penalty, religious ceremonies shall be conducted by authorized persons. During the execution, the prosecutor or their representative, the judge in charge of executing criminal judgments, the local police commander or their representative, a forensic physician or an authorized doctor, and the court clerk must be present. If the execution occurs within the prison, the prison warden or their representative must also be present. The convicted person’s lawyer may also be present. After bringing the convicted person to the place of execution, the court clerk will loudly read the sentence. Following the execution, the judge in charge of executing criminal judgments will instruct that the executed sentence be documented, and the record will be signed by those present.

 

Article 544

The execution of hudud (Islamic penal laws) and other punishments related to qisas (retaliation) and diyyat (blood money) will be carried out according to the relevant regulations.

 

Article 545

A person sentenced to exile or compulsory residence shall be sent to the public prosecution office in the area of execution.

 

Article 546

Supervision over the presence and activities of convicts at the place of exile or compulsory residence is the responsibility of the judge in charge of executing criminal judgments in the area where the sentence is being carried out.

 

Article 547

The judge in charge of executing criminal judgments in the area of exile or compulsory residence may grant leave to convicts subject to exile or compulsory residence if necessary and after securing appropriate guarantees, in accordance with the provisions of Article (520) of this law.

 

Article 548

Persons sentenced to prohibition from residing in a specific location shall be expelled from the designated area, and the matter will be notified to the local police and other relevant authorities.

 

Article 549

The executive regulations for the implementation of penalties related to deprivation of life, amputation, qisas (retaliation) of body parts, flogging, exile, compulsory residence, and prohibition from residing in a specific place or places shall be prepared within six months from the date this law comes into force by the Minister of Justice, in cooperation with the Minister of Interior, and approved by the head of the Judiciary.

 

Article 550

The enforcement of judgments related to unlawful possession, disturbance, and obstruction of rights shall be carried out according to the civil enforcement regulations.

 

Chapter Five: Execution of Suspension of Punishment, Conditional Release, Deferred Judgment, Semi-Liberation System, and Electronic Monitoring of Freedom

Article 551

In the case of suspension of punishment, the judge in charge of executing criminal judgments shall summon the convicted person, and if they fail to appear without a valid excuse, the judge will order their detention. Upon the convicted person’s presence, the judge will inform them of the court’s order(s), how they will be executed, and the consequences of non-compliance.

 

Article 552

If, after at least six months of suspension of punishment, the convicted person continuously shows good conduct, the judge in charge of executing criminal judgments will inform the sentencing court of this, suggesting a reduction in the suspension period or the cancellation of all or some of the orders. The court will make a decision on the judge’s proposal in an expedited manner.

Note: If the court rejects the proposal, the judge may propose it again to the court every two months.

Article 553

In crimes subject to the semi-liberation system and electronic monitoring of freedom, the judge in charge of executing criminal judgments may, after receiving a report from the prison classification council and social workers’ opinions from the Criminal Judgment Execution Department, stating that the convicted person’s engagement in employment, education, vocational training, family life, or medical treatment outside the prison is effective for their rehabilitation or compensating the victim, propose to the sentencing court the implementation of the semi-liberation system or electronic monitoring of freedom according to the relevant electronic litigation regulations, and act in accordance with the court’s decision.

 

Article 554

After the court approves the proposal mentioned in the previous article, the judge in charge of executing criminal judgments shall, after securing appropriate guarantees from the convicted person, issue the order to implement the court’s decision and inform the prison.

 

Article 555

The issuance of the suspension of punishment, conditional release, deferred judgment, semi-liberation system, and electronic monitoring of freedom, in accordance with the relevant electronic litigation regulations and the orders of the judge in charge of executing criminal judgments, and the consequences of non-compliance or committing a new crime, shall be notified to the complainant or private prosecutor. If the convicted person or defendant fails to comply with the judge’s orders during this period without a valid excuse or commits a deliberate crime, the complainant or private prosecutor may inform the judge in charge of executing criminal judgments to implement the relevant regulations.

 

Article 556

The convicted person or defendant is obligated, during the suspension of punishment, conditional release, deferred judgment, semi-liberation system, and electronic monitoring of freedom, to ensure the ability for supervision by the monitoring officer in a manner specified by the judge. They must notify the judge in charge of executing criminal judgments in advance of any actions, such as changing their job or place of residence, which may impede effective supervision.

 

Article 557

The execution of the suspension of punishment, conditional release, deferred judgment, semi-liberation system, and electronic monitoring of freedom, according to the relevant electronic litigation regulations, and the implementation of substitute punishments for imprisonment shall be carried out in accordance with regulations prepared within six months from the effective date of this law by the Minister of Justice, in cooperation with the Minister of Interior and the head of the Prisons Organization and the Department of Security and Corrective Measures, and approved by the head of the Judiciary.

The executive regulations on the implementation of the suspension of punishment, conditional release, deferred judgment, semi-liberation system, electronic monitoring of freedom, and substitute punishments for imprisonment shall be prepared for crimes under the jurisdiction of the military judicial system by the Chief of Staff of the Armed Forces and the head of the Military Judicial Organization, in cooperation with the relevant authorities, and approved by the head of the Judiciary.

 

Article 558

If the residence of persons subject to suspension of punishment, conditional release, deferred judgment, semi-liberation system, and electronic monitoring of freedom is in a judicial district other than that of the sentencing court, the persons may request the implementation of the decision in their place of residence. In this case, the executing judge, by granting a commission to the judge in the district of residence, will notify them of all the court’s orders and conditions, and the matters will be carried out under the supervision of the referred judge.

 

Part Six – Court Fees

Article 559

The complainant must pay the criminal complaint fee according to the law at the time of filing the complaint. A private prosecutor, who demands compensation for damages related to the criminal matter, must pay the court fees according to the regulations related to civil matters. If the complainant is unable to pay the complaint fee, they may be exempted from paying it by the decision of the prosecutor or the court handling the case. If the private prosecutor is unable to pay the court fees, the court may temporarily exempt them from paying the court fees for the specific claim. The criminal case cannot be delayed due to the private prosecutor’s failure to pay the court fees.

Note: After the judgment is issued and at the time of its execution, the judge in charge of executing criminal judgments is required to recover the court fees from the convicted party unless the convicted party’s property is exempt from seizure or the amount is insufficient to prevent the creditor from declaring insolvency.

 

Article 560

The complainant and defendant are not required to pay for the costs of publishing advertisements, transportation for witnesses, fees for experts, translators, doctors, or other individuals summoned by the judicial authority. These costs are covered by the judiciary’s budget. However, if these actions are requested by the complainant, the complainant must pay the specified costs according to applicable laws, regulations, and tariffs within the designated time frame. If the complainant is required to pay and refuses to do so, the costs will be covered by the judiciary’s budget, and the matter will be reported to the prosecutor. The prosecutor, by their order, may use civil enforcement measures, including the seizure and sale of the complainant’s property, respecting exemptions from seizure, to recover the equivalent of the paid costs, and the funds will be deposited in the Treasury. In any case, no fees will be collected from the defendant.

Note 1: If the judicial authority determines that the complainant is unable to pay the above-mentioned costs, the costs will be covered by the judiciary’s budget.

Note 2: In urgent cases, by the order of the judicial authority, the actions mentioned in this article may proceed before the related costs are paid.

Note 3: The amount for transportation of witnesses will be determined according to a tariff that will be prepared within six months from the effective date of this law by the Minister of Justice and approved by the head of the judiciary.

 

Article 561

The cost of certifying copies or reproducing documents is governed by legal regulations.

 

Article 562

The court is obligated, when issuing a judgment, to specify in detail all costs incurred during investigations and trial proceedings and to determine who is responsible for paying those costs.

 

Article 563

The complainant or private prosecutor may, at any stage of the proceedings, claim reimbursement of all court fees paid from the defendant according to the regulations. If the complainant or private prosecutor is entitled to this reimbursement, the court must order the defendant to pay these costs at the time of issuing the judgment.

 

Article 564

In the case of the defendant’s conviction, the responsibility for paying the court fees lies with the defendant.

 

Article 565

If a person who is ordered by the court to pay the court fees passes away, the fees will be collected from their estate.

 

Part Seven – Other Provisions

Article 566

All judicial authorities mentioned in this law are required to allocate a specific branch or branches for specialized handling of cases, depending on the type of litigation.

Note: The method for establishing specialized branches within judicial authorities, both civil and criminal, under this article will be outlined in a regulation to be prepared within six months from the effective date of this law by the Minister of Justice and approved by the head of the judiciary.

 

Article 567

In implementing the obligations set forth in the note to Article (145), the note to Article (147), Articles (215), (347), and (348) of this law, and in all cases where, according to the provisions of this law, conducting investigations or any other actions requires payment by the government, the required budget will be allocated in a separate line item in the national budget each year.

 

Article 568

In cases where specific provisions for the trial of juvenile offenders, minors, and members of the armed forces have not been established, the general provisions of the criminal procedure code will apply.

 

Article 570

From the effective date of this law, the following laws will be repealed:

The temporary laws for criminal trials (Criminal Procedure Code) enacted on 30/5/1291

The law concerning the trial and punishment of public service officials, enacted on 6/2/1315

The bill regarding the establishment of the Court of Crimes of Government Employees and the prosecution of state officials at their workplace, enacted on 19/2/1334

Articles (6), (15), (17), (18), (21), (22), (23), (24), and (25) of the law amending some laws of the judiciary, enacted on 25/3/1356

The legal bill for establishing public courts, enacted on 10/7/1358 by the Revolutionary Council

The legal bill regarding sugar and sugar factory officials tasked with investigating and prosecuting crimes related to disruptions in the supply, distribution, or sale of sugar, enacted on 21/4/1359 by the Revolutionary Council

The law establishing mobile courts, enacted on 1/6/1366

Articles (1), (7), (8), (9), (16), (17), (22), and (26), and Note (1) of Article (28) related to criminal matters, and Articles (3), (5), and clause (c), and Notes (1) and (2) of Article (14), and Article (18) and Notes (1) to (6) of Article (20) from the law establishing public and revolutionary courts, enacted on 15/4/1373

Article (1) of the law regarding the enforcement of financial convictions, enacted on 10/8/1377

The Criminal Procedure Code for Public and Revolutionary Courts, enacted on 28/6/1378

Article (21) of the law amending the law on compulsory liability insurance for owners of motor vehicles against third-party claims, enacted on 31/2/1387

Article (32) of the law amending the law on combating drugs and adding related provisions, enacted on 17/8/1376 by the Expediency Discernment Council

The law interpreting Article (18) of the law amending the law establishing public and revolutionary courts, enacted on 10/9/1387

Subsequent amendments and additions to these laws and other laws in conflict will be repealed.

 

Part Eight – Code of Criminal Procedure for Armed Forces Offenses

Chapter One – General Provisions

Article 571

The Judicial Organization of the Armed Forces, hereinafter referred to as the “Judicial Organization” in this law, consists of military prosecutors’ offices and military courts as detailed in the following articles.

 

Article 572

The head of the Judicial Organization shall be appointed by the Head of the Judiciary from among judges with at least fifteen years of judicial service.

 

Article 573

The head of the Judicial Organization, in addition to administrative leadership and supervision over all provincial judicial organizations, also presides over the First Branch of the Military Court of Appeals of Tehran Province and may have one deputy and as many assistants as necessary.

Note – The establishment of judicial and administrative structures within the Judicial Organization, the appointment of its judges, and any changes to their positions or locations of service, in accordance with Article 164 of the Constitution, shall be determined by the Head of the Judiciary. The head of the Judicial Organization may submit recommendations regarding these matters to the Head of the Judiciary.

 

Article 574

Deputies and general directors of the Judicial Organization, upon notification by the Head of the Judiciary, may also serve as members of Military Court One or the Military Court of Appeals of Tehran.

Note – The provisions of this article are applicable only to those holding judicial rank or serving as military judges.

 

Article 575

In the event a crime causes material damage to the armed forces, the respective unit is obligated to submit all its evidence and documentation to the prosecuting authority, and before the conclusion of the trial, it must file a claim for damages with the court. Pursuing and hearing the claim for damages must observe the procedures of civil procedure law but is exempt from paying court costs.

Note 1 – A claim of insolvency concerning the amount awarded in the main claim must be brought against the unit that was awarded the original judgment.

Note 2 – The injured unit retains the right to initiate, defend, and pursue legal claims, objections, and appeals according to the relevant regulations, and forgiveness (withdrawal) by the unit is not accepted.

 

Article 576

Examination of private claims by natural and legal persons that are brought alongside criminal proceedings in military courts requires submission of a formal petition and compliance with civil procedure regulations.

 

Article 577

Violation of the provisions of Articles 575, 606, 607, 613, and Note 3 of Article 603 of this law, upon a ruling by the military court, results in dismissal from service for a period ranging from three months to one year.

 

Chapter Two – Structure of Military Prosecutors’ Offices and Courts

Article 578

In each provincial center, the provincial Judicial Organization is composed of the military prosecutor’s office and military courts. In other cities, if needed, a district military prosecutor’s office may be established. The judicial jurisdiction of district military prosecutors’ offices is determined by the Head of the Judiciary.

Note 1 – The provincial military prosecutor oversees the actions of district military prosecutors regarding their assigned duties and provides necessary instructions.

Note 2 – The head of the district military prosecutor’s office, who serves as the deputy to the provincial military prosecutor, also presides over administrative matters alongside judicial oversight.

Note 3 – Each province’s jurisdiction shall have as many branches of courts and prosecutors’ offices as needed, as well as necessary units such as service of process, enforcement of judgments, and legal guidance and assistance units. In case of multiple branches, each court and prosecutor’s office will have a general office.

 

Article 579

The head of the provincial Judicial Organization also serves as the head of the First Branch of the Provincial Military Court of Appeals and supervises and administratively manages all branches of military courts and prosecutors’ offices within the province. In the absence of the head of the Organization, administrative affairs are handled by his deputy, and in their absence, by the provincial military prosecutor.

 

Article 580

If necessary, as determined by the Head of the Judiciary, one or more branches of the provincial military courts may be stationed at the district military prosecutors’ offices referred to in Article 578 of this law.

 

Article 581

The powers and duties of the head, prosecutor, and other judicial authorities of the Provincial Judicial Organization, while observing the provisions of this section, are the same as those stipulated, as appropriate, for heads of the General Departments of Justice, public and revolutionary prosecutors, and other judicial officials of the judiciary.

 

Note – The job classification, salaries, and benefits of the judges employed in the Judicial Organization are the same as those provided for their counterparts in the judiciary. However, considering the exemption of military judges from paying taxes, their equivalency is calculated after deducting taxes.

 

Article 582

The military courts established under this law are as follows:

• (a) Military Court II
• (b) Military Court I
• (c) Military Court of Appeals
• (d) Military Court II during wartime
• (e) Military Court I during wartime
• (f) Military Court of Appeals during wartime

 

Article 583

The duties, powers, jurisdiction, and number of members of Military Court II, Military Court I, and the Military Court of Appeals are the same as those provided for Criminal Court II, Criminal Court I, and the Provincial Court of Appeals, unless otherwise specified in this section.

 

Article 584

Military Court I is established in the center of each province.

 

Article 585

The crimes of the following military personnel shall be heard in the military court and military prosecutor’s office at the provincial center:

• (a) Military personnel holding the rank of colonel who are serving in positions of brigadier general and higher.
• (b) Military personnel holding the rank of brigadier general, provided they are not subject to the provisions of Article 307 of the Code of Criminal Procedure passed on 23 February 2014.

 

Article 586

By selection of the head of the Provincial Judicial Organization, the membership of appellate court judges in the Military Court I of the province is permissible.

 

Article 587

If a Military Court II has not been established in a location, is vacant, or is overwhelmed with case backlog, Military Court I shall, by referral, also hear cases under the jurisdiction of Military Court II. In this case, the court shall be convened by a single judge.

Note – If in a province, Military Court I or the Military Court of Appeals has not been established, is vacant, or, due to reasons such as recusals, hearing is not possible, and the assignment of a judge is also not possible, then the related cases will be heard in the nearest judicial district.

 

Article 588

Once Military Court I starts a trial, it may not issue a ruling of lack of jurisdiction on the basis that the matter falls under Military Court II. It must, in any case, issue the appropriate verdict.

 

Article 589

If necessary, for the adjudication of crimes committed by military personnel falling within the jurisdiction of the Judicial Organization, with the approval of the Head of the Judiciary, a branch or branches of the military prosecutor’s office may be established for a set period at the location of independent combat brigades or higher units, or equivalent units in other forces. The relevant military unit is responsible for providing suitable premises and necessary facilities.

 

Article 590

In wartime, Military Courts for Wartime shall be established with the approval of the Head of the Judiciary, in the required numbers and for the purpose of hearing war-related crimes, in operational headquarters, provincial centers, or other necessary areas, while observing Article 591 of this law.

Note 1 – The jurisdiction of Military Courts for Wartime shall be determined based on wartime conditions and requirements, with the approval of the Head of the Judiciary.

Note 2 – Until the establishment of Military Courts for Wartime, Military Court II, Military Court I, and the Military Court of Appeals shall hear war-related crimes according to wartime trial regulations.

 

Article 591

Crimes related to war committed by military personnel and tried in Military Courts for Wartime include:

• (a) All crimes committed in operational areas within the jurisdiction of the Judicial Organization.
• (b) Crimes against internal and external security within the jurisdiction of the Judicial Organization.
• (c) Crimes related to military operations, even if committed outside operational areas.

 

Article 592

The composition, jurisdiction, and trial procedures of the wartime military prosecutor’s office and courts are as determined for other military courts, unless otherwise provided in this law.

 

Article 593

The Military Prosecutor’s Office for Wartime shall be established alongside Military Courts for Wartime. If it is not formed, the military prosecutor’s office at the provincial center where the crime occurred will undertake its duties.

Note – Judges of the Judicial Organization, by order of the Head of the Judiciary, may also serve, while retaining their positions, as judges of the prosecutor’s office or courts for wartime cases as needed.

 

Article 594

The head of the First Branch of the Military Court of Appeals for Wartime shall oversee and administratively supervise all wartime military courts and prosecutor’s offices. In their absence, the deputy shall assume administrative responsibilities, and in the absence of both, the military prosecutor of the relevant wartime judicial district shall do so.

 

Article 595

After the dissolution of the Military Prosecutor’s Office and Courts for Wartime, related cases shall be handled by competent military prosecutor’s offices and courts according to peacetime trial regulations.

Note – The dissolution of wartime military courts shall be by approval of the Head of the Judiciary.

 

Article 596

Support and provision of all necessary facilities for Military Courts during Wartime are the responsibility of the operational headquarters where such courts are established.

 

Chapter Three – Jurisdiction

Article 597

Crimes related to specific military and disciplinary duties committed by members of the Armed Forces, except for crimes committed in their capacity as judicial officers (officers of the judiciary), shall be investigated and tried in the Military Judiciary Organization.

Note 1 – Crimes that have been authorized by Imam Khomeini (may God bless him) and the Supreme Leader to be tried in the courts and prosecutor’s offices of the Military Judiciary Organization, shall remain under the jurisdiction of this organization unless such authorization is revoked.

 

According to the authorization of the Supreme Leader, communicated via the Office’s letter No. 13752/1/m dated 2020/8/11, and the letter from the Head of the Judiciary No. 100/87221/9000 dated 2020/8/4, the jurisdiction of the Military Judiciary Organization has been expanded in five areas as follows:

All security-related crimes associated with military service committed by contractual personnel or temporary staff in the Armed Forces, organizations, institutions, and affiliated companies not subject to the Armed Forces regulations.

Crimes related to classified military information committed by individuals directly or indirectly involved in supplying military equipment and arms.

Security crimes committed by Armed Forces personnel, during their service and up to five years after termination of their service.

All crimes related to weapons and ammunition committed by active military personnel.

Crimes related to protective and law enforcement duties performed by personnel of protection units of executive bodies.

Note 2 – “Crimes related to specific military and disciplinary duties” are crimes committed by members of the Armed Forces in connection with their military and disciplinary duties and responsibilities assigned by law and regulations.

Note 3 – Discharge from service does not prevent prosecution for crimes committed during active duty in military courts.

Note 4 – “Crime in the capacity of a judicial officer” refers to crimes committed by judicial officers while performing their legal duties related to evident crimes or in execution of judicial orders.

 

Article 598

The offenses committed by military personnel outside the territory of the Islamic Republic of Iran, which under the law fall within the jurisdiction of Iranian courts, if they are within the jurisdiction of the Military Judiciary Organization, shall be investigated and tried by the Military Prosecutor’s Office and Military Court of Tehran.

 

Article 599

Crimes committed by military personnel under the age of 18, which are within the jurisdiction of the Military Judiciary Organization, shall be investigated and tried in military prosecutor’s offices and courts, following regulations applicable to the prosecution of children and adolescents.

 

Article 600

In case of a jurisdictional conflict between a First-Class Military Court and a Second-Class Military Court within the judicial district of a province, the opinion of the First-Class Military Court shall prevail. In case of a jurisdictional conflict between a Wartime First-Class Military Court and a Wartime Second-Class Military Court within the judicial district of a province, the opinion of the Wartime First-Class Military Court shall be binding.

 

Article 601

In case of a jurisdictional conflict between a Wartime Military Court and other military judicial authorities within the same judicial district, the opinion of the Wartime Military Court shall be followed.

 

Chapter Four – Detection of Crime and Preliminary Investigations

Section One – Military Judicial Officers and Their Duties

Article 602

Military judicial officers are agents who, under the supervision and instructions of the military prosecutor and other related judicial authorities, are responsible for detecting crimes, preserving evidence and signs of crime, gathering evidence, identifying and finding suspects, preventing escape or concealment, conducting preliminary investigations, serving legal papers, and enforcing judicial decisions according to the law.

 

Article 603

The following agents, after acquiring necessary skills and obtaining the relevant identification card, are considered military judicial officers:

1. a) Military police agents (Desjbans) of the Armed Forces;
2. b) Information Protection agents of the Armed Forces within the framework of their lawful missions and duties;
3. c) Inspection and Judicial agents of the Armed Forces;
4. d) Trained commanders, officers, and non-commissioned officers of the Law Enforcement Force;
5. e) Officers and non-commissioned officers of the Armed Forces in cases of evident crimes if no other military judicial officers are present;
6. f) Officials and agents recognized as judicial officers under specific laws within their assigned duties.

Note 1 – The heads, deputies, and staff of military prisons and detention centers regarding military prisoners, and Information Protection agents of the Ministry of Intelligence regarding crimes of its staff within the jurisdiction of the Military Judiciary Organization, are considered military judicial officers.

Note 2 – Conscripts (compulsory service personnel) are not considered judicial officers but must perform duties under the supervision of authorized officers. The responsibility for their actions rests with the supervising officers, though this does not absolve the conscripts of their own responsibility.

Note 3 – The execution of decisions and orders of general judicial authorities within military and law enforcement units is the responsibility of the relevant military judicial officers.

 

Article 604

The Military Judiciary Organization must continuously hold in-service training courses to provide military judicial officers with necessary skills for fulfilling their legal duties.

Note – The executive regulations for this article must be prepared by the head of the Military Judiciary Organization in coordination with the General Staff of the Armed Forces within three months after the law comes into effect and must be approved by the head of the Judiciary.

 

Article 605

In the absence of military judicial officers at the crime scene, judicial officers of the general judiciary will perform their duties. Upon the arrival of military officers, the continuation of investigations shall be assigned to them unless otherwise decided by the judicial authority. In such cases, supervision is the responsibility of the military prosecutor.

 

Article 606

In urgent cases, where the investigating judge deems it necessary for preliminary investigations, evidence collection, crime scene analysis, or expert evaluations to be conducted by external officers or experts, the local unit commander is obliged to cooperate. The commander may appoint a representative to accompany them to protect military secrets.

 

Article 607

The military prosecutor shall inspect the units related to judicial officers at least once every two months to ensure proper performance and record the results and necessary orders in a special register. Unit commanders must cooperate accordingly.

 

Article 608

Military and law enforcement commanders and officials must report any crime occurring within their area of responsibility immediately to the competent judicial authority. Failure to comply shall result in punishment under the Military Criminal Code for the crime of concealment of truth.

Note – The service record of the accused, including criminal, disciplinary, commendation, completed training, medical history, and other factors influencing judicial decisions, must be sent to judicial authorities.

 

Article 609

Supervision and management of military judicial officers in the performance of their duties lie with the military prosecutor. Other judges of the military prosecutor’s office and military courts also have the right to supervise and provide necessary instructions regarding matters assigned to judicial officers.

Note – Assigning a matter to persons or officials who are not recognized as judicial officers under the law by a judicial authority results in disciplinary punishment up to grade four.

 

Article 610

Transport of defendants and convicts of military prosecutor’s offices and military courts is the responsibility of the Desjban of the relevant Armed Forces units. If the unit does not have a Desjban, the Law Enforcement Force (police) will handle it unless a judicial authority issues a specific order, in which case the order shall be followed. Transportation costs are borne by the escorting unit.

 

Article 611

Military and law enforcement units are obliged to immediately report the desertion of their conscripts to the relevant conscription authority, the relevant Desjban, and the local law enforcement command at the place of residence of the deserter.

Note_ Relevant law enforcement officers and military police are required, upon identification of absconding conscripts as mentioned in this article, to arrest them according to regulations and deliver them to the military prosecutor’s office at the location of arrest.

 

Article 612

Other duties, powers, and responsibilities of military officers within the jurisdiction of military prosecutors and courts are as prescribed for judicial officers.

 

Article 613

Judges of the Judicial Organization may, after informing the unit commander or the head or relevant officer, carry out necessary investigations and actions concerning crimes within their jurisdiction either personally or through military officers. Military and law enforcement commanders and officials are obliged to cooperate in this regard.

 

Section Two – Expert Opinions

Article 614

In cases where investigation of a matter requires scientific, technical, financial, military, or other expert evaluations, the competent authority shall obtain the opinion of an expert or a panel of experts.

 

Note 1_ In cases where the subject of expertise pertains to military matters, or if the judicial authority deems it necessary to obtain the opinion of Armed Forces experts, the Armed Forces are obligated to provide the required experts and cover the costs of the expertise.

Note 2_The conditions and method for selecting experts in military matters, the number and composition of expert panels, the manner of addressing violations, and payment of their fees shall be determined by a regulation to be prepared within three months from the enforcement of this law by the General Staff of the Armed Forces in cooperation with the Judicial Organization, and approved by the Commander-in-Chief.

 

Section Three – Summons

Article 615

Summoning military suspects and suspects from the Ministry of Intelligence shall be conducted through their commanding officer or superior. However, in urgent cases or if the suspect is not accessible at their unit, the summons shall be issued to their place of residence, with the commander or superior being informed.

Note 1_The method of summoning and bringing in commanders and officials of the Armed Forces shall be in accordance with a directive approved by the Commander-in-Chief.

Note 2_ Delivery of the summons by officers must be done at the place of residence without wearing an official uniform, but with the presentation of an identification card.

 

Article 616

If serving the summons is not possible due to the unknown residence of the suspect, and it is not feasible by other means either, with the approval of the head of the provincial Judicial Organization or their deputy, the suspect shall be summoned once via publication in a widely circulated national or local newspaper, providing a one-month deadline from the date of publication. If the suspect does not appear after the deadline, proceedings shall continue according to the regulations.

Note_ In the crime of desertion, serving the summons to the last known address recorded in the suspect’s personnel file shall be considered a legal notification, and proceedings will continue according to regulations without the formalities of publishing a notice.

 

Article 617

If the case judge determines, considering the interests of the Armed Forces, the social standing of the suspect, public decency, or public security, that mentioning the rank, the nature of the charge, or the consequences of non-appearance in the summons or newspaper is not appropriate, such information shall be omitted.

 

Section Four – Temporary Detention Order

Article 618

During wartime, the issuance of a temporary detention order, while observing the provisions stipulated in this law, is mandatory in the following cases:

A – Crimes punishable by the penalty of “moharebeh” (waging war against God) or “corruption on Earth” (“mofsed-e-fel-arz”).

B – Intentional crimes against internal or external security that are punishable by discretionary punishments (ta’zir) of the fifth degree or higher.

P – Armed rebellion.

T – Cancellation of an order to move toward the enemy, insurgents, or corrupt individuals, or refusal to act in an area under wartime conditions or areas with declared necessary restrictions.

Th – Inflicting intentional beating or injury with a weapon against a superior.

J – Intentional murder.

Ch – Desertion from the battlefield.

H – Desertion from the mission location or the conflict zone during operations against saboteurs, counter-revolutionaries, bandits, and armed traffickers.

Kh – Desertion while carrying a firearm, or desertion by using an airplane, helicopter, ship, patrol boat, tank, or motorized war vehicles equipped with military weapons.

D – Desertion towards the enemy.

Z – Desertion with collusion or conspiracy.

R – Theft of weapons, ammunition, and military equipment during military deployments, standby missions, combat operations, or in war zones, if it disrupts the mission of the unit, or visible or concealed carrying of weapons by one or more perpetrators during the theft.

Z – Deliberate destruction, arson, annihilation, and wastage of facilities, buildings, military fortifications, ships, airplanes, and the like, warehouses, roads, other communication and telecommunication or electronic means, centers holding classified documents used by the Armed Forces, defense equipment, or partial or total destruction of military supplies, ammunition, and explosives, whether the perpetrator acts personally or induces another to commit such acts.

Note – In cases where the legal punishment for the crime is imprisonment, the period of temporary detention must not exceed the minimum statutory punishment for that crime.

 

Article 619

Regarding temporary detention orders and other bail orders resulting in the detention of the accused, the military judicial authority handling the case must notify the relevant unit as soon as possible.

Note – The contents of this article are also enforceable regarding other forms of deprivation of liberty carried out in execution of court rulings.

 

Section Five – Statute of Limitations

Article 620

Members of the Armed Forces who have deserted shall be considered continuously deserting until they formally present themselves to the relevant unit to continue service, and the statute of limitations for prosecution does not apply to their case.

 

Article 621

The statute of limitations for prosecution does not apply to the crime of desertion by permanent (career) personnel of the Armed Forces if, according to the relevant employment regulations, the commission of this crime necessitates their dismissal from service.

 

Article 622

Issuance of a stay of prosecution order due to death, pardon of fugitive defendants, or the application of the statute of limitations concerning desertion of service by permanent Armed Forces members who formally return or are apprehended does not convert the days of desertion into credited service time, and therefore no rights or benefits shall accrue to them for that period.

 

Article 623

Regarding crimes under the jurisdiction of the military prosecutor’s office and courts, the days when the accused or the convict was illegally absent from the country are not counted toward the statute of limitations period.

 

Article 624

The statute of limitations for crimes under the jurisdiction of the Military Court Two during wartime starts one year after the official declaration of the end of war; for crimes under the jurisdiction of the Military Court One, it starts three years after such a declaration.

 

Chapter Five – Representation in Military Prosecutor’s Office and Courts

Article 625

In crimes against national security or cases involving classified or top-secret documents and information, and where jurisdiction belongs to the Armed Forces Judicial Organization, the parties must select their attorney(s) from among official attorneys of the Bar Association who are approved by the Armed Forces Judicial Organization.

Note – The selection of attorneys in military courts during wartime is subject to the provisions of this article.

 

Article 626

Attorneys holding foreign nationality are not allowed to appear for defense in military courts, unless explicitly permitted under international treaties.

 

Chapter Six – Procedure for Hearings, Issuance, and Notification of Rulings

Article 627

The head of the Judicial Organization of the Armed Forces can delegate the referral of cases to the head of the second branch of the Military Court of Appeals in Tehran Province. In the absence of the head of the second branch, case referrals are handled by the heads of the Military Courts of Appeal based on the branch number order.

 

Article 628

In the absence of the head of the provincial Judicial Organization, referral of cases in military courts is the responsibility of the deputy, and in their absence, the responsibility lies with the heads of the Military Courts of Appeal and Military Courts One and Two in order of branch numbers.

 

Article 629

If, after the issuance of the indictment, it becomes apparent that the accused has committed another similar crime, the court may also adjudicate that crime or return the case to the prosecutor’s office for further investigation.

 

Article 630

In the case of desertion crimes, as long as desertion continues, in absentia trials shall not be conducted.

 

Article 631

If, during the execution of Armed Forces missions, due to shooting or other actions, innocent individuals are killed, injured, or suffer financial loss, and a non-prosecution order is issued for the officers, upon the request of the heirs or the injured parties and without the need for a formal complaint, the case shall be referred to the Military Court to determine compensation (blood money or financial damages). The court invites a representative from the relevant unit to the hearing. The absence of the representative does not prevent the hearing and issuance of a verdict.

 

Article 632

Upon receiving the case, the wartime military court begins the trial according to the law and, after announcing the end of the hearing, relying on God Almighty, honor, conscience, and the contents of the file and existing evidence, renders its judgment during the same session if possible, and if not, at the earliest opportunity and no later than three days.

 

Article 633

The publication of information related to the rulings of military courts is prohibited. However, in urgent cases and when required for public interest, the head of the Judicial Organization may authorize the release of information on finalized judgments to the Judiciary’s and Armed Forces Judicial Organization’s information platforms.

Note – If the Military Prosecutor or the head of the Judicial Organization deems it necessary for crime prevention and education, necessary information about the rulings and the legal process may be provided to military units.

 

Chapter Seven – Appeal and Retrial

Article 634

Judgments of military courts, except in cases where they are deemed final, may be appealed in the Military Court of Appeals of the same province or be subject to cassation by the Supreme Court.

 

Article 635

The finality or appealability of military court judgments follows the same rules as those applicable to other criminal courts unless otherwise provided in this section.

 

Article 636

Judgments of wartime military courts that are appealable or subject to cassation must be appealed within seventy-two hours of notification, and the court of appeals or the Supreme Court must adjudicate and issue the necessary ruling within seven days of receiving the case, unless legal reasons, such as incomplete investigations, make issuing a ruling within this time impossible. In such cases, the reason for the delay must be recorded with justification in the case file.

 

Article 637

In addition to the individuals mentioned in Article 475 of the Code of Criminal Procedure, the head of the Judicial Organization of the Armed Forces also has the right to request a retrial regarding final judgments of military courts.

 

Article 638

If the punishment stated in the court’s judgment cannot be enforced due to the specific service status of the convicted person (such as denial of promotion for retired personnel), the military prosecutor has the right, according to the regulations, to request an appeal or retrial, as the case may be. In such a case, the appellate or retrial court will take action to determine an alternative legal punishment.

 

Chapter Eight – Enforcement of Judgments

Article 639

The enforcement of the judgments of military courts shall be the responsibility of the military prosecutor’s office that issued the indictment, in accordance with the regulations of the Criminal Procedure Code. In cases of transfer of jurisdiction or lack of competence, the enforcement of court judgments will be the responsibility of the prosecutor’s office of the court to which the case is transferred or the court with proper jurisdiction, respectively.

 

Article 640

After the finalization of court decisions, the enforcement judge is obliged to notify the relevant military unit with a summary of the ruling.

Note_ The provisions of this article also apply to final decisions of the prosecutor’s office, which must be enforced by the investigating judge.

 

Article 641

In addition to the cases provided for in the law, in convictions involving the following punishments, the days of previous detention shall be calculated as follows:

• (a) Deduction of three days from the additional service period for each day of prior detention.
• (b) Deduction of four days from the period of temporary suspension from service for each day of prior detention.
• (c) Deduction of five days from the period of prohibition from promotion for each day of prior detention.

Note_ Regarding convictions involving salary deduction, the calculation of previous detention days shall be in accordance with the regulations applicable to fines.

 

Article 642

The enforcement of mandatory court orders and judgments of military courts regarding the collection of bail, bond, or surety amounts, as well as fines, collection of blood money (diyah), restitution of property, compensation for damages caused by crimes, and other related operations such as the seizure or sale of assets, is the responsibility of the enforcement judge within the judicial organization.

 

Chapter Nine – Military Prisons and Detention Centers

Article 643

Detainees and convicts under the jurisdiction of military prosecutor’s offices and military courts shall be held separately from other detainees and prisoners in official detention centers and prisons, in accordance with the executive regulations of the Prisons and Security and Rehabilitation Measures Organization. Housing convicts and detainees in the same location is prohibited.

 

Article 644

Upon the request of military detainees and convicts from other judicial authorities, and with the approval of the respective prosecutor and the provincial military prosecutor, these individuals may serve their detention or imprisonment periods in military detention centers and prisons.

Note_ Civilian convicts of military courts and military convicts whose sentences result in expulsion shall be transferred to general prisons to serve their sentences, in accordance with the above regulations.

 

Article 645

Until such time as military detention centers and prisons are established or their capacity matches the number of military detainees and convicts, the Prisons and Security and Rehabilitation Measures Organization is obliged to house these individuals in designated military sections.

 

Article 646

The method of holding detainees and convicts of military prosecutor’s offices and courts shall be in accordance with the executive regulations of the Prisons and Security and Rehabilitation Measures Organization and according to a regulation to be prepared within three months from the effective date of this law by the Prisons and Security and Rehabilitation Measures Organization in collaboration with the Judicial Organization, and shall be approved by the Head of the Judiciary.

 

Article 647

The military prosecutor shall have full supervision over the affairs of military detention centers and prisons within their judicial district. The implementation of this article does not negate the legal powers of the Prisons and Security and Rehabilitation Measures Organization.

 

Article 648

In cases where special regulations have not been established for the prosecution of crimes committed by armed forces personnel, the general regulations of the Criminal Procedure Code shall apply.

 

Part Nine – Electronic Proceedings

Article 649

For the purpose of policymaking, formulating national strategies, medium- and long-term planning, drafting necessary regulations for the development and promotion of electronic proceedings, and supervising their proper implementation, the “Steering Council for Electronic Proceedings” (hereafter referred to as “the Council”) is established under the chairmanship of the Head of the Judiciary and the membership of the following individuals:

• (A) Head of the Statistics and Information Technology Center of the Judiciary (Secretary of the Council)
• (B) Deputy for Legal Affairs of the Judiciary
• (C) President of the Supreme Court
• (D) Attorney General
• (E) President of the Administrative Justice Court
• (F) Head of the Judicial Organization of the Armed Forces
• (G) Head of the Prisons and Security and Correctional Measures Organization
• (H) Head of the Organization for Registration of Deeds and Properties
• (I) Head of the General Inspection Organization
• (J) Head of the Forensic Medicine Organization
• (K) Deputy for Training and Research of the Judiciary
• (L) Deputy for Strategic Affairs of the Judiciary
• (M) Head of Judiciary’s Protection and Information Department
• (N) Minister of Justice
• (O) Minister of Communications and Information Technology
• (P) Commander of the National Police
• (Q) One member from the Judicial and Legal Commission, selected by the Islamic Consultative Assembly (Parliament), as an observer member
• (R) Three individuals appointed by the Head of the Judiciary

Note 1 – The Council shall be deemed official with the majority of its members present. Its decisions are enforceable with the majority vote of the attendees and the subsequent approval of the Head of the Judiciary. These decisions do not restrict the powers of the Head of the Judiciary.

Note 2 – The Secretary of the Council may invite relevant officials and experts to attend meetings as needed.

Note 3 – The Secretariat of the Council will be established at the Statistics and Information Technology Center of the Judiciary.

 

Article 650

In order to organize case files and judicial documents, improve judicial services, provide up-to-date statistics and workflows across the country, and deliver precise and detailed information regarding crimes, suspects, victims, criminals, and other judicial data, the “National Judicial Data Center” shall be established within the Statistics and Information Technology Center of the Judiciary, utilizing trustworthy individuals.

Note 1 – The method and level of access for competent judicial authorities to this Center’s information shall be determined in a regulation prepared by the Council within three months of this law’s effective date and approved by the Head of the Judiciary.

Note 2 – Documents and information from this Center, in compliance with laws and regulations, shall be made available to academic centers, research institutes, and researchers based on regulations prepared by the Council and approved by the Head of the Judiciary within three months of this law’s ratification. The use of such documents and information must not harm the dignity and reputation of individuals. Publishing identity information related to proceedings—such as name, surname, postal code, and national ID number—is prohibited except where authorized by law.

 

Article 651

All subordinate bodies of the Judiciary, such as the Administrative Justice Court, the General Inspection Organization, the Prisons and Security and Correctional Measures Organization, the Organization for Registration of Deeds and Properties, the Forensic Medicine Organization, the Judicial Organization of the Armed Forces, relevant bodies involved in pardons and criminal records, and the Official Gazette of the Islamic Republic of Iran, are obligated to place all their information in the National Judicial Data Center and keep it updated.

Note 1 – The Executive Regulation on accessing classified and confidential information in the National Judicial Data Center shall be prepared by the Judiciary and approved by the Head of the Judiciary.

Note 2 – Law enforcement agencies, other judicial officers, and relevant commissions and bodies are also obliged to input their judicially-related information into the National Judicial Data Center and keep it updated.

 

Article 652

The Judiciary is obligated to establish the “National Justice Network,” utilizing secure measures such as electronic signatures, to organize electronic communications between courts, judicial officers, subordinate bodies, and other natural and legal persons whose information is needed during proceedings.

Note – Judicial authorities may conduct inquiries and obtain necessary information through the National Justice Network. In this case, governmental bodies, public non-governmental institutions, and legal entities must provide the required responses through this network. Failure to comply with this provision will subject the violator to Article 576 of the Islamic Penal Code – Book Five, Discretionary Punishments, approved on May 23, 1996 (as amended in 2016).

 

Article 653

The Judiciary is obligated to provide the following information through the “National Judiciary Portal” and to keep it updated:

• (A) The goals, duties, policies, macro-management structure, and introduction of officials along with their job descriptions and means of contact.
• (B) Addresses, contact numbers, and website links for all Deputy Offices, Provincial Justice Departments, subordinate organizations of the Judiciary, the Ministry of Justice, Bar Associations, and official judicial experts.
• (C) All enforceable laws, Supreme Court’s general assembly decisions establishing legal precedents, Administrative Justice Court’s general assembly rulings, circulars of the Head of the Judiciary, and advisory opinions of the Judiciary’s Legal Department.
• (D) Court rulings, unless deemed against public decency or national security by the judge in charge of enforcement, made available online for analysis and critique by scholars and experts, maintaining the privacy of individuals.
• (E) Judicial assistance services to competent authorities of other countries based on international legal cooperation treaties and information about legal and judicial services for foreign nationals.
• (F) Clear and accessible public education on how citizens can file lawsuits.
• (G) Research and scientific information related to legal and judicial studies.

 

Article 654

The Judiciary is obliged to establish dedicated websites for the judiciary of the provinces across the country and for the subordinate bodies of the Judiciary. These authorities are required to present and regularly update the following information on their websites:

(a) The organizational chart of the courts, categorized by specialization and judicial hierarchy, along with introductions of officials, descriptions of their duties, and methods of communication with them.

(b) The address and contact number of the courts, other subordinate bodies of the Judiciary, and law enforcement agencies within the province.

(c) Links to the websites of other judicial authorities and relevant organizations.

(d) All necessary information required for calculating court fees, such as the regional valuation of real estate.

(e) Simple and understandable public education on how citizens can initiate lawsuits.

(f) Live or recorded provincial judicial seminars or electronic meetings.

(g) Research and scientific information in the field of legal and judicial studies.

 

Article 655

In any case where, under the procedural laws and other applicable statutes, whether civil or criminal, a document, evidence, writing, enforcement order, judgment paper, signature, fingerprint, service of judicial papers, address, or the like is required, the electronic form or electronic content thereof shall, provided security mechanisms stipulated in this law and its notes are observed, be sufficient and valid.

Note 1 – In all stages of investigation, civil and criminal proceedings, and the provision of electronic judicial services, the legal validity and effects of electronic content shall not be denied merely because of the form or method of information exchange.
The Judiciary is obligated to create the necessary secure systems to ensure safe communication and data exchange among litigants, experts, electronic judicial service offices, law enforcement officers, judicial authorities, and judiciary-affiliated organizations.

Note 2 – The Judiciary may establish electronic judicial service offices and a central body to coordinate their activities, using the private sector’s capacities, for filing and following up judicial matters in cyberspace.
Such offices may be selected or established from among notary offices and others.
The executive bylaw for this article shall be drafted by the Council within three months from the effective date of this law and approved by the Head of the Judiciary.
(Read the “Executive By-Law for the Establishment of Electronic Judicial Service Offices and Their Central Body,” approved on 26/12/1396 (March 17, 2018)).

Note 3 – Applicants to the Judiciary must provide their email addresses and mobile phone numbers. In cases where email access is unavailable, the Statistics Center must provide the necessary facilities for citizens and applicants to access a national judicial email for judicial matters.

 

Article 656

To maintain the authenticity, integrity, validity, and non-repudiation of information exchanged between citizens and the courts, the Judiciary must ensure secure arrangements for electronic signatures, identity authentication, and originality verification.

Note – The Judiciary must establish a Root Certification Authority (RCA) for electronic signatures to enable secure communication and information exchange.

 

Article 657

The Judiciary’s Statistics and Information Technology Center must facilitate and guide the implementation and development of electronic payment services for court fees and other litigation-related payments by citizens.

Note_ To encourage citizens to use electronic litigation services, their court fees at the first instance stage shall be reduced by five percent (5%), up to a maximum of ten million rials.

 

Article 658

The Judiciary must provide the necessary technical and legal measures to protect individuals’ privacy and secure their personal data within the framework of this section.

 

Article 659

The use of videoconferencing systems and other electronic communication tools for interrogating parties, obtaining witness testimonies, or expert opinions is permitted only if identity verification, authenticity of statements, and secure record-keeping are ensured.

 

Article 660

Anyone who possesses the data referred to in this section and causes a breach of individuals’ privacy or confidentiality of information, or unlawfully discloses or makes it accessible to unauthorized persons, shall be sentenced to two to five years of imprisonment, or a fine of twenty to two hundred million rials, and dismissal from service for two to ten years.

 

Article 661

Those responsible for the security of centers, computer and telecommunications systems, or those entrusted with related data or systems, who, due to negligence, recklessness, incompetence, or failure to take standard security measures, facilitate the commission of cybercrimes through or against the data or systems, shall be sentenced to six months to two years of imprisonment, dismissal from service for up to five years, or a fine of ten to one hundred million rials.

 

Article 662

The Judiciary is obliged to train judges, judicial employees, subordinate judicial bodies, and law enforcement agencies on electronic litigation.

 

Article 663

The executive bylaws of this section shall be drafted by the Council within three months from the date of this law’s approval and approved by the Head of the Judiciary.

 

Part Ten – Criminal Procedure for Cybercrimes

Article 664

In addition to cases stipulated in other laws, Iranian courts have jurisdiction to handle the following:

(a) Criminal data or data used for committing crimes that, in any manner, is stored on computer and telecommunications systems or data carriers within the land, sea, or air territory of the Islamic Republic of Iran.

(b) Crimes committed via websites with an Iranian top-level domain (.ir).

(c) Crimes committed by Iranian or non-Iranian nationals outside Iran against the computer and telecommunications systems and websites used by or under the control of the three branches of power, the Supreme Leader’s institutions, official government representatives, or any public service-providing institution, or against websites with an Iranian top-level domain (.ir) on a wide scale.

(d) Cybercrimes involving the exploitation of individuals under eighteen years of age, regardless of whether the victim or perpetrator is Iranian or non-Iranian, provided that the perpetrator is found in Iran.

 

Article 665

If a cybercrime under the jurisdiction of Iranian courts is discovered or reported in a location but the place of occurrence is unknown, the prosecution office where the crime is discovered must conduct the preliminary investigation.

If the place of occurrence remains unknown, the prosecution office shall, after completing the investigation, issue a ruling and, if necessary, file an indictment, and the relevant court shall issue the appropriate verdict.

 

Article 666

The Judiciary must, as necessary, designate certain branches of the prosecution offices, criminal courts of the first and second degrees, juvenile courts, military courts, and courts of appeal to handle cybercrimes.

Note – Judicial officials in these prosecution offices and courts must be selected from among judges with sufficient knowledge of computer affairs.

 

Article 667

Internet service providers must retain traffic data for at least six months after creation and user information for at least six months after the termination of service.

Note 1 – Traffic data refers to any data produced by computer systems in the chain of computer and telecommunications communications, allowing for the tracking from the origin to the destination. Such data includes information such as the origin, path, date, time, size, duration, and type of service.

Note 2 – User information includes any information that can identify a user, including but not limited to name, address, telephone number, national ID number, IP address, and other identification data.

 

Article 668

Providers of hosting services are obligated to preserve the contents stored by users for at least six months after the storage ends and to maintain the related user information for at least six months after the termination of the service.

 

Article 669

If the preservation of stored computer data is necessary for investigation or judicial proceedings, the judicial authority may issue an order to preserve them for those who have control over or possession of the data. In urgent situations, such as the risk of data damage, alteration, or destruction, judicial officers may issue the preservation order and inform the judicial authority within twenty-four hours. If any government officials, judicial officers, or other individuals fail to execute this order, disclose the preserved data, or inform those related to the data of the order’s content, they will be subject to the punishment of refusal to comply with the judicial authority’s order, with imprisonment ranging from ninety-one days to six months, or a fine ranging from five to ten million rials, or both.

Note 1 – Preservation of data does not mean its disclosure and is subject to related regulations.

Note 2 – The duration of data preservation is a maximum of three months, extendable with the judicial authority’s order if necessary.

 

Article 670

The judicial authority may issue an order to present the protected data mentioned in Articles (667), (668), and (669) of this law to the designated individuals for submission to judicial officers. Failure to execute this order, as well as failure to store or preserve the data, will result in the punishment stated in Article (669) of this law.

 

Article 671

The search and seizure of data or computer and telecommunications systems is carried out under a judicial order and occurs when there is strong suspicion of discovering a crime, identifying a suspect, or obtaining evidence.

 

Article 672

The search and seizure of data or computer and telecommunications systems is conducted in the presence of legal possessors or individuals who have legal control over them, such as system operators. If they are absent or refuse to be present, and the search or seizure is deemed necessary or urgent, the judge may issue an order for the search and seizure without their presence, stating the reasons.

 

Article 673

The search and seizure order must include information such as whether the execution will take place at the location or elsewhere, the specifics of the location and scope of the search and seizure, the type and amount of data sought, the type and number of hardware and software, methods of accessing encrypted or deleted data, and the estimated time for the search and seizure to help ensure its proper execution.

 

Article 674

The search of data or computer and telecommunications systems includes the following actions:

1. a) Accessing all or part of the computer or telecommunications systems
2. b) Accessing data carriers such as disks, CDs, or memory cards
3. c) Accessing deleted or encrypted data

 

Article 675

When seizing data, methods such as printing the data, imaging all or part of the data, making the data inaccessible by changing passwords or encrypting them, and recording data carriers will be used, in proportion to the type, importance, and role of the data in the commission of the crime.

 

Article 676

Computer or telecommunications systems will be seized under the following conditions:

1. a) The stored data is not easily accessible or is of large volume
2. b) The search and analysis of the data is not possible without the hardware system
3. c) The legal possessor of the system consents
4. d) Imaging the data is technically not feasible
5. e) The search would cause data damage

 

Article 677

The seizure of computer or telecommunications systems will be carried out in accordance with their type, importance, and role in the commission of the crime, using methods such as changing passwords to prevent access to the system, sealing (locking) the system at its location, and recording the system.

 

Article 678

If, during the execution of a search and seizure order, it is necessary to search for data related to the committed crime in other computer or telecommunications systems controlled or possessed by the suspect, judicial officers may extend the scope of the search and seizure to other systems by the judicial authority’s order and search or seize the required data.

 

Article 679

The seizure of data or computer or telecommunications systems that causes harm to individuals or severe financial damage or disrupts public services is prohibited unless the seizure is essential for the protection of national security.

 

Article 680

When the original data is seized, the interested party has the right to receive a copy of the data after paying the cost, provided that providing the seized data does not contradict the need to uncover the truth or hinder the investigation and the data is not criminal in nature.

 

Article 681

In cases where the original data or computer or telecommunications systems are seized, the judge must determine their disposition within an appropriate and reasonable time, taking into account the type and amount of data, as well as the type and number of hardware and software involved, and their role in the commission of the crime.

 

Article 682

The affected party may submit a written objection, along with the reasons, to the judicial authority that issued the order for the seizure of data and computer or telecommunications systems within ten days. This request will be processed out of turn, and the decision can be appealed.

 

Article 683

Monitoring the content of non-public communications in computer or telecommunications systems is regulated according to the provisions related to the control of telecommunications communications under criminal procedure law.

Note – Access to the content of stored non-public communications, such as emails or text messages, is considered monitoring and must comply with the relevant regulations.

 

Article 684

The executive regulations for the maintenance and care of collected electronic evidence will be prepared by the Minister of Justice, in collaboration with the Ministry of Communications and Information Technology, within six months of the law coming into force and will be approved by the Head of the Judiciary.

 

Article 685

If computer data is created, processed, stored, or transmitted by a party to the lawsuit or a third party who is unaware of the lawsuit, and the related computer or telecommunications system functions properly in a way that does not compromise the accuracy, integrity, credibility, and undeniability of the data, it is admissible as evidence.

 

Article 686

All regulations in this section apply not only to cybercrimes but also to other crimes where electronic evidence is used.

 

Article 687

In cases where specific regulations for criminal procedure are not provided in this section for the investigation of computer crimes, the general regulations of criminal procedure apply.

 

Part Eleven – Criminal Procedure for Legal Entities

Article 688

If there is sufficient evidence to charge a legal entity, in addition to summoning the natural person accused, a notice will be sent to the legal entity, in accordance with the relevant regulations for summons, to appoint a legal representative or lawyer. Failure to appoint a lawyer or representative does not prevent proceedings from continuing.

Note_ A person whose actions have led to the accusation of the legal entity cannot act as its representative.

 

Article 689

After the legal entity’s representative appears, the accusation will be explained to them in accordance with the regulations. The representative’s presence is solely for the purpose of investigation or defending the legal entity against the charges. None of the legal limitations or obligations applicable to accused individuals will apply to them.

 

Article 690

If there is sufficient evidence indicating the accusation against a legal entity, and if necessary, only the following precautionary measures can be issued. These measures can be contested in the competent court within ten days after notification:

• A: A ban on certain professional activities that facilitate the re-commissioning of the crime.
• B: A ban on any voluntary changes to the legal entity’s status, such as dissolution, merger, or transformation, which may alter or result in the loss of its legal personality. Violating this prohibition will result in one or two types of punitive punishments, either grade seven or eight.

 

Article 691

If the accusation is directed at a legal entity, the issuance of a precautionary measure in accordance with this law is permitted.

 

Article 692

If the legal entity is involuntarily dissolved, a decision to suspend prosecution or execution may be issued. The regulations related to suspension decisions are governed by the Criminal Procedure Code. The matter of blood money or damages resulting from the crime will be handled according to relevant regulations.

 

Article 693

Enforcement of judgments concerning legal entities will be subject to the regulations of the Criminal Procedure Code.

 

Article 694

If the legal entity has branches or subsidiaries, the criminal liability will only apply to the branch or subsidiary responsible for the crime. If a branch or subsidiary acts based on the decision of the legal entity’s central body, criminal liability will also extend to the central body.

 

Article 695

Statements made by the legal representative of a legal entity against the entity are not considered confessions, and swearing an oath does not apply to them.

 

Article 696

In cases where no specific provisions are provided for the criminal procedure concerning legal entities, general criminal procedural rules will apply to them.

 

Part Twelve – Other Regulations

Article 697

The government is obligated to fulfill the duties specified in the implementation of the provisions of Articles (650), (652), and (654) to (656) of this law, considering the sections (h) and (f) of Article (211) of the Fifth Five-Year Development Plan Law of the Islamic Republic of Iran within the remaining period of its implementation. Additional financial costs resulting from the implementation of this law will be covered by the increase in the revenue from the Criminal Procedure Code.

 

Article 698

From the effective date of this law, the Single Article of the Law on the Authorization of Absentee Trials in Criminal Matters (approved on 3rd June 1960), the Armed Forces Criminal Procedure Law of 22nd April 1985 (except for Articles 4, 8, and 9), the Law on the Establishment of Criminal Courts (One and Two) and the Supreme Court’s Divisions (approved 20th July 1989), the Law on the Review of Court Rulings (approved 16th August 1993), Articles (756) to (779) annexed on 5th May 2009 to the Islamic Penal Code (on Deterrent and Punitive Penalties), and Article (569) of the Criminal Procedure Code (approved 25th February 2014) and any amendments or additions to them are repealed.

 

Article 699

This law, with the order of sections, is added as sections eight, nine, ten, eleven, and twelve of the Criminal Procedure Code (approved 25th February 2014) and the provisions of both laws shall become effective from 1st April 2015.

This law, consisting of five hundred and seventy articles and two hundred and thirty notes, was approved by the Judicial and Legal Commission of the Islamic Consultative Assembly on the 4th of Esfand, 1392 (February 23, 2014), according to Article 85 of the Constitution, and was agreed upon by the Assembly for a three-year trial period in the open session on 19th Bahman, 1390 (February 8, 2012), and was ratified by the Guardian Council on 26th December 2013.

 

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