May
25
DROIT IRANIEN LIS 527 du 5/7/2006 sur les crimes commis par les Iraniens hors d'Iran

July 5, 2006

Tir 14, 1385

LAWS AND REGULATIONS

- Punishment of Crimes Committed by Iranians Outside Iran ..... Page 1

- Decree on Affiliation of Bahman Manufacturing Company

to IDRO ..... Page 4

LEGAL NEWS

- Money Laundering Bill Approved by Expediency Council ..... Page 5

INTERVIEW

- Revolutionary Guards Corps, A General Contractor ..... Page 5

BUSINESS AND ECONOMY

- TSE Prices Fell by $8 Billion Since Last Year ..... Page 12

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LAWS AND REGULATIONS

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PUNISHMENT OF CRIMES COMMITTED BY IRANIANS OUTSIDE IRAN

According to Article 7 of the Penal Code of Iran, "any Iranian who commits a crime outside Iran and who shall be then found in Iran, shall be punished according to the Laws of Islamic Republic of Iran."

The above instances are in addition to those mentioned in Articles 5 and 6 of the Islamic Penal Code that provide for punishment in Iran of the individuals who commit crimes against the State of the Islamic Republic of Iran and who shall be then found in Iran. Such individuals shall also be tried and punished according to the Laws of Iran.

The words "... who shall be then found in Iran" certainly refer to those who commit a crime outside Iran and shall manage to escape and shall then be found in Iran. If the perpetrator "shall be found" in the country where he perpetrated the crime, he shall be tried, punished and then released from prison. He may then come to Iran and no one will be after him to "find" him in this country.

There have been ambiguities regarding the true meaning of Article 7 of the Islamic Penal Code. Cases had been reported on prosecution of those who committed crimes outside Iran and on their return to Iran, they were prosecuted again despite their punishment in foreign countries where they perpetrated the crime.

To put an end to the ongoing discussions, the Judiciary has just published, through Official Gazette No.17825 dated May 10, 2006 two opinions given earlier by the Department General of Legal Matters and Compilation of Laws of the Judiciary.

Both the above opinions explicitly provide that a crime may only be examined once and a criminal may be punished only once. Therefore, an Iranian tried and punished outside Iran for a crime committed by him in a foreign country, cannot be tried again and punished anew in Iran.

The following is a translation of the said two opinions:

Opinion No.7/2595 dated July 6, 2003 published in Official Gazette No.17825 dated May 10, 2006

Inquiry: A coach driver in Turkey caused the coach to capsize and kill a number of passengers.

The driver resides now in the city of Qom and the heirs of those who were killed wish to know if they can file valid complaints against the driver.

Opinion: Considering that the crimes of manslaughter and inflicting injuries were perpetrated in Turkey, and apparently the driver went to trial and was condemned to imprisonment for three months in Turkey and was thus punished in Turkey, therefore he can not undergo a new trial in Iran.

However, in case the driver did not go to trial and was not punished in Turkey, and shall be found in Iran, as provided in Article 7 of the Law of Islamic Punishments, the court of the place where he will be arrested shall have jurisdiction for his trial and punishment. Blood money may also be claimed by reference to the dossier of the same penal case.

If the driver received punishment in Turkey, but payment of blood-money was not made there due to the fact that blood-money could not be claimed in Turkey, the next of kin of those who died in the accident as well as those who became injured may institute claim and file lawsuit for payment of blood-money with the court of the place where the driver resides in Qom.

The second opinion given by the Department General of Legal Matters and Compilation of Laws of the Judiciary is numbered 7/979 and was issued on June 6, 2002:

Inquiry: In cases where certain individuals commit crimes outside Iran and shall be prosecuted, tried and punished in those foreign countries, should, on their return to Iran, be tried again and punished regardless of the type and nature of the crime perpetrated by them?

Reply Given as Opinion No.7/979 on June 6, 2002 published in Official Gazette No.17825 dated May 10, 2006:

With due regard to the purport of Article 3 of the Law of Islamic Punishments that provides: "The penal laws shall apply to all those individuals who commit any offence or crime within the land, air, or sea boundaries of Islamic Republic of Iran, except in cases where the law shall provide otherwise", in cases where an individual shall commit offences and crimes outside Iran and shall be tried, condemned and punished there, it shall be against the general rules of penal proceedings to call such person to new trial in Iran, except in cases where explicit provisions of law provide contrary arrangements.

* * *

The following are translations of Articles 3, 5, 6 and 7 of Islamic Penal Code quoted above:

Article 3- The Penal Laws of Islamic Republic of Iran apply to all those who commit offences and crimes within the land, sea and air boundaries of the country, except in cases where the Law provides otherwise.

Article 5- Any Iranian national or foreigner who commits any one of the following crimes outside the area of sovereignty of Iran and who shall be found in Iran, or shall be returned to Iran, shall be punished according to the Laws of Islamic Republic of Iran:

1. Acts against the Government of Islamic Republic of Iran, domestic or foreign security, integrity or independence of Islamic Republic of Iran.

2. Forging the decree, handwriting, seal or signature of the Leader or using same.

3. Forging official writing of the President, Speaker of the Islamic Consultative Assembly, Guardians Council, Assembly of Experts, Head of the Judiciary, Vice President, the President of the Supreme Court, Attorney-General or anyone of the ministers or using such forgeries.

4. Forging the bank notes currently in circulation or any bank documents such as the bills of exchange accepted by banks or cheques issued by banks or banks binding documents, forging Treasury documents and bonds issued or guaranteed by the Government and forging and making false domestic coins currently in use.

Article 6- Any crime committed by the foreigners who are at the service of Iranian Government or civil servants of Islamic Republic of Iran's Government in relation to their duties outside Iran as well as the crimes perpetrated by diplomatic, consular or cultural agents and authorities of Iranian Government who benefit from diplomatic immunity shall be punished in accordance with the penal laws of Islamic Republic of Iran.

Article 7- In addition to the instances enumerated in Articles 5 and 6 above, any Iranian national who commits a crime outside Iran and who shall be then found in Iran shall be punished according to the penal laws of Islamic Republic of Iran.

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