In His Most Exalted Name
To Imam Khomeini, may the blessings of his noble existence last,
Usually, the parliamentary bills in the world including the Islamic Consultative Assembly foresee the penalties for criminals and law-breakers, without which there is no guarantee for implementation of the law.
Sometime ago, the honorable Guardian Council expressed an opinion that such penalties are punishments below the full amount prescribed by law (ta`zirat), which shall be determined by the judge in court and cannot assume the form of law.
Since the transference of the penalties to the judges causes flagrant and repulsive differences in the penalties and will lead to the loss of credibility of the judiciary and the Islamic penal system, the Supreme Judicial Council opposed the transference of the penalties to the discretion of the judges.
As the time went by, it is acknowledged that the scope and the maximum-minimum range of penalty for the criminals shall be determined and we should set the discretions of the judges in determining the limit within the maximum-minimum range.
This method guaranteed neither the view of the Guardian Council nor that of the Supreme Judicial Council. Finally, in order to solve this problem your Eminence set up a committee composed of two members of the Guardian Council, one member of the Judicial Commission of the Majlis and the Chairman of the Supreme Judicial Council, «1» which could not resolve the question.
The letter tells the reasons of failure of the council and proposes the following:
The Majlis provides all means for investigation into the case. Commissions of the Majlis discuss the bills and the executive power, the judiciary and the experts furnish expert opinion. Usually, a bill is discussed in many commissions and treated twice in the open sessions of the Majlis. Usually, the interested authorities extend their opinion to the Majlis. For its approval, a bill requires the vote of at least 91 Majlis representative. Among them there are usually many devoted individuals and mujtahids. If there are error in it, the same will be returned to the Majlis with the opinion of the Guardian Council. If, after all these processes, there are still drawbacks, it is just a common law after all, which is amendable.
Kindly resolve the question as you deem it appropriate. Meanwhile, please find attached the proposal to intensify the penalties for hoarders and extortionists and see to our problem.
Akbar Hashimi Rafsanjani
Speaker of the Islamic Consultative Assembly
In His Most Exalted Name
His Excellency Hujjat al-Islam Hashimi Rafsanjani, the honorable Speaker of the Islamic Consultative Assembly,
Concerning this matter, kindly refer to his Eminence Hujjat al-Islam wal-Muslimin Muntaziri (may his blessings last), whose opinion would hopefully resolve the question.
Rouhullah al-Mousawi al-Khomeini
Shahrivar 1,1365 AHS