From regret to forgiveness; How can repentance change the fate of the offender?

According to the Mehr correspondent, repentance in Iranian criminal law refers to cases in which the offense, after committing a crime, regrets his deeds and attests to repentance and reform. This repentance can lead to a decrease in punishment or even falling, especially if it is done before proving the crime.

Recently Amir Hossein Maghsoudloo's family is known as Tatlou While referring to the Chief Justice of Tehran Province, he asked him to examine the possibility of a reduction in his punishment with regard to the person's repentance.

Yesterday, Ali al -Qassi, the chief justice of Tehran, announced: The court is investigating the request of repentance “Tatlou“It is. He also referred to the provisions of Amir Hossein Maghsoudloo (Tatlou) Conduct: The important point in the sentence is that the convicted person has personally confessed to his charges; Therefore, the charges are proven by confession and accordingly, in accordance with Article 5 of the Islamic Penal Code, the subject of examination or failure to repent; Because otherwise, the court could not be legally investigated.

Houshang Taboli, a lawyer and member of the Judiciary Bar Center, told Mehr reporter about the subject of repentance in the law: Repentance in the foundations of Islam means remorse and remorse for sin, and its true meaning is manifested when it is completely or inner or internalized.

He added: “Some theologians refer to this as a real repentance, but it seems that the meaning of repentance is quite clear: expressing remorse and remorse for sin in a way that is not returned.” Therefore, the real or unrealistic repentance of repentance is not legally significant.

Tawbuli stated: Repentance has been entered into as a concept in Islamic criminal law in Islamic Penal Code and the previous law. Articles 1 and 2 of the Islamic Penal Code refer to the issue of repentance in the offenses of the subjects. In the Iranian legal system, repentance is recognized as one of the tools of remorse and correction of the offender and can have important legal effects such as collapse or reduction of punishment.

He continued: The first and most important condition for accepting repentance is its explicit and transparent expression by the perpetrator. The mere claim of repentance is not enough, and the judge must be rejected and correct. This authentication must be based on objective evidence, because in criminal matters, the knowledge of the judge is Hojjat.

Maqduli also said that repentance must be expressed after the crime, but before proven it or the issuance of a definitive sentence. In the crimes of limit, except Qadd And moharebeh, if the defendant repents before proving the crime and his reform is for the judge, it will be abolished. Repentance can also cause punishment in the offenses of grade 1, 2 and 2, and repentance can also be punished; Of course, if the judge is convinced.

He pointed out that in the first to one -to -1, repentance, repentance can only lead to the reduction of punishment and does not necessarily lead to its collapse. Also, there is an important difference between the commitment of the crime and the provision of crime that should be considered in examining the possibility of the effect of repentance.

The jurist noted: In cases where the crime is proven by confession, it is possible to accept repentance; But if the crime is proven by other arguments, it is usually not possible to examine repentance by the court. This is the point that Induction He also mentioned it.

Finally, referring to the directive dated 1/4/11, the head of the judiciary said: “In this 3 -point style, a comprehensive instruction for identifying and verifying repentance, the duties of the judge, how to collect reasons, and guarantee the implementation of related decisions have been formulated.” Therefore, repentance must be based on real apologies, behavior correction, and tangible evidence, and ultimately, it is the court and the judge of the case who decides to accept or reject it by examining the evidence.