Does the amnesty of the convicts mean the end of their punishment?

Houshang Tafoli, a lawyer and lawyer for a judiciary, told Mehr reporter in a conversation with Mehr reporter in describing the concept of amnesty in law: Amnesty is used in the word for forgiveness and forgiveness. When used in the dialogue, the mind is unconsciously implying the context before understanding the meaning. Forgiveness or forgiveness or even forgiveness alone does not occur, and it requires a single context and context in the past, which can cause pardon and forgiveness.

The jurist said: In the legal sense, the jurisprudence also means that it is rooted in Iranian jurisprudential and legal sources. Therefore, the use of amnesty in law means forgiveness or forgiveness or sin or individual criminal act. The forgiveness and human behavior in Islam is the fundamental basis of amnesty and forgiveness in Iranian law. Amnesty and forgiveness as a human attribute against people who are attacked by their rights, whose owners can use it.

“In the forgive crime, the loss of crime can be forgiven, which does not seem to be pardoned,” he said. Article 5 of the Constitution uses the word amnesty as the authority of the Supreme Leader, which can be deduced to the supreme leader and in relation to the perpetrators and criminals of the judiciary.

He said, therefore, amnesty subjects in Iranian law are those who have been found guilty in accordance with Iranian territorial law and have been projected. These crimes are public crimes that sometimes do not have a private plaintiff. In other words, amnesty involves continuing tolerance of imprisonment.

The lawyer continued: In the Iranian criminal judicial system, a crime is created after the formation of its legal elements. After reviewing and ultimately issuing a definitive verdict by the jurisdictional judicial authority, the criminal act is established, and afterwards, the crime and punishment will not be eliminated except by law and righteous judicial authority. It may even be punishable based on the capacities and forecasts of the law.

The amnesty emphasized: In the amnesty, the continuation of the sentence of imprisonment is reduced and forgiven and its effect is compared to the execution of the sentence. Therefore, after the crime is established and continued, the implementation of the relevant punishment involves the future and does not include the past. In fact, amnesty has a future effect and does not relate to the past; Therefore, it has no effect on the criminal history of the offender.

“Amnesty may create a close relationship with the reduction of punishment, while it is quite different,” he said. The reduction of punishment in Iranian law requires a factor that has been reduced in the law. In fact, despite the emergence of one or more of the discount factors, the judicial authority may, by reducing it, reduce or make the defendant partially or convert it to a more easy punishment, while no need for a factor in amnesty and there is no primary factor.

In the current case of the country, amnesty can be divided publicly and privately, each with its own characteristics and scope. It may be concluded that forgiveness is one of the authority of the Islamic ruler and its exercise is in the authority and authority that has been delegated to the jurisprudence.

At the end, the lawyer said: “In principle, in Article 4 of the Constitution, the request for amnesty began with the proposal of the Presidency of the Judiciary to the Supreme Leader, and if he agrees, this forgiveness will be implemented and enforced.” Therefore, individuals cannot apply for pardon, and explicitly, in accordance with Article 2 of the Constitution, is a request for amnesty on the proposal of the Judiciary.