شناسه مطلب صحیفه
نمایش نسخه چاپی

Decree [Agreement with the proposed criterion for amnesty of prisoners]

Jamaran, Tehran
Anniversary of the victory of the Islamic Revolution
Agreement with the proposed criterion for amnesty of prisoners
Sayyid `Abdul-Karim Mousawi Ardebili (State Prosecutor General)
جلد ۱۷ صحیفه امام خمینی (ره)، از صفحه ۲۷۷ تا صفحه ۲۷۹
[In His Most Exalted Name
A- All those persons who according to the verdict of the public, Revolution and military courts have been sentenced to categorical verdicts of imprisonment or other primary or supplementary punishments- except the sentence of retribution and prescribed religious verdicts and fines that have been legislated according to the bills of the Islamic Consultative Assembly- on the occasion of the fifth anniversary of the Islamic Revolution of Iran on Bahman 22 are to be considered for commutation or amnesty by the great leader of the Revolution as follows:
1. Those who because of committing premeditated or non-premeditated crimes have been sentenced to imprisonment and payment of fines and mandatory confinement on condition that they attain the consent of the complainant or the private claimant or have paid the damage and losses sentenced by the court.
2. Those who do not have private complainants or claimants, the relevant court should take action with regard to Act 52 ratified on 27/7/61 AHS of law of non-litigation affairs.
3. Those who because of inability to pay the cash fines and the loss and damages of the government and governmental institutions or other governmental rights are imprisoned provided that the executive court obtains the verdict of their lack of financial ability, the cash fines or the government loss and damages inflicted are forgiven and are freed from the prison. The public prosecutor implementing the verdict can make use of the group of heads of prisons or social workers or Association for Protection of Prisoners.
4. Provided that the crime committed is of a general nature.
5. Young adolescents who are below eighteen years of age and more than fifteen years and their sentences are issued by the juvenile courts or by lower courts deputizing for juvenile courts.
6. Drug addicts from whom the narcotics confiscated is of the quantity indicated in article eighteen of the legal bill for rigorous punishment of the perpetrators of narcotics crimes ratified on 19/3/1359 AHS by the Revolution Council and who have undergone fifteen days of imprisonment.
7. Those who in connection with drugs and narcotics have been sentenced to five years imprisonment and other fines if they have undergone one-fifth of the prison term while the rest is to be pardoned. All the previously mentioned instances shall apply on condition that the convicted person repents and the effects of the punishments are apparent on his behavior as confirmed by the head of the prison.
8. Those persons that are more than sixty years old and based on the testimony of the coroner and opinion of the prosecutor responsible for enforcing the sentence are disabled, aged and unable to tolerate imprisonment.
9. The sentence of those persons that in the former regime were condemned to life imprisonment shall be commuted to ten years and in case they have been condemned to imprisonment on first-degree criminal charges, their sentence shall be commuted to eight years imprisonment.
B- The following crimes and convictions are excepted for amnesty:
* Embezzlement of more than 100,000 Rials and bribery
* Thefts as contained in articles 222,223 and 225 of the law of public penalty.
* Fraud according to the penal code contained in the latest article 238 of the public penal law.
* Importation and production of narcotics.
* Thefts contained in the law regarding rigorous punishment of armed robbers (approved in Tir 1333 AHS) and the law pertaining to rigorous imprisonment of armed robbery.
* Disobedience vis-a-vis the judicial laws and affairs of the Judiciary and administrative authorities of the country
* Armed robbery and banditry on the roads and highways and robbery with weapons.
* Crimes as mentioned in the law on rigorous punishment of violating drivers passed in 1335 AHS.
* Actions that is contrary to public decency.
* Crimes related to the blasphemous and immoral groups that have revolted and acted against the Islamic Republic. The public, Revolution, and military courts are obligated to enact the regulations of amnesty, regarding those persons to whom the conditions contained in this directive apply as at the end of month of Esfand 1361 AHS; and to release the prisoners to whom this amnesty applies immediately and to announce the names of the freed prisoners to the Supervisory Council for the prisons of the country.
Sayyid `Abdul-Karim Mousawi Ardebili, State Prosecutor General]
In His Most Exalted Name
It is agreed. «1»
Rouhullah al-Mousawi al-Khomeini
20/11/1361 AHS
«۱»- Based on the duties and authority invested in the leadership contained in Article ۱۱۰ of the Constitution.


امام خمینی (ره)؛ 20 بهمن 1361
 

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