Judiciary theory regarding murder due to being Mahduraldam

According to Fars News Agency- In one of their inquiries from the Legal Deputy of the Judiciary, the judges asked questions about the criminal punishment for quasi-premeditated murder.

Accordingly, the judges’ question states: According to paragraph “b” of Article 291 of the Islamic Penal Code, the following examples of Article 303 are considered quasi-premeditated murder, and according to Article 303: Article 447 of this law also stipulates: “In all cases referred to in the fifth book of the Penal Code in this section, intentional murder shall be dealt with in accordance with Article 612, and in other premeditated crimes in accordance with Article 614 and its note.” The crimes were not quasi-intentional. On the other hand, Article 616 of the fifth book of the Islamic Penal Code deals with cases where a person is in charge of a matter and a crime has been committed as a result of his negligence or fault, and therefore it seems to deviate from paragraphs “a” and “b” of Article 291. With this assumption, the following examples of Article 303 of the mentioned law in determining the ta’zir punishment are applicable to which of the articles of the fifth book of ta’zir?

Advisory opinion of the General Legal Department of the Judiciary:

If it is proved that someone has committed a crime by mistake, believing that Majni al-Dam is a criminal and that Majni is not one of the persons covered by Article 302 of the Islamic Penal Code adopted in 1392, according to paragraph (b) of Article 291 of this law, murder is considered quasi-intentional. And the punishment of the perpetrator will be determined according to the last part of Article 303 and the ta’zir of the perpetrator will be equal to Article 616 of the Islamic Penal Code (Ta’zirat) approved in 1375 and the ta’zir of his deputy will be equal to paragraph “T” of Article 127 of the Islamic Penal Code approved in 1392.

What does the Islamic Penal Code say?

Articles 302 and 303 of the Islamic Penal Code, which were also mentioned in the judges’ question, the legislator has included cases related to the non-conviction of the guilty and its conditions, including rape, adultery, etc.

According to Article 302 of the Islamic Penal Code, if the perpetrator has one of the following conditions, the perpetrator will not be sentenced to retaliation and payment of diyat:

A- The perpetrator of a crime to the extent that it is subject to deprivation of life.

B- The perpetrator of a crime that is subject to amputation, provided that the crime committed does not exceed his punishment, otherwise, the excess amount, depending on the case, has qisas or diyat and ta’zir.

C- The person entitled to retaliation for a soul or a member is not entitled to retaliation only for the person who has the right to retaliation and in its amount.

The aggressor and the person whose rape is imminent and in the legitimate defense of whom a crime is committed as described in Article (156) of this law.

Note 1- The action regarding paragraphs (a), (b) and (c) of this article is a crime without the permission of the court and the perpetrator shall be sentenced to the ta’zir prescribed in the fifth book of “ta’zir”.

Note 2- In the case of paragraph (d), if the defense itself is valid but its levels are exceeded, retribution is eliminated, but the perpetrator is sentenced to diyat and ta’zir punishment as prescribed by law.

Article 303 of the Islamic Penal Code also states that whenever the perpetrator claims that the perpetrator is subject to Article (302) of this law, as the case may be, or that he has committed a crime against him with such conviction, this claim must be in accordance with The criteria must be established in court and the court is obliged to consider the said claim first.

If it is not proven that the perpetrator is subject to Article (302) and it is not proven that the perpetrator has committed a crime based on such a belief, the perpetrator will be sentenced to retaliation, but if it is proven that he committed a crime with such a belief and the perpetrator Also, if it is not the subject of Article (302), the perpetrator, in addition to paying the diyat, will be sentenced to the punishment prescribed in the fifth book of “Tazirat”.

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