Revision of Sentences
Part One – Generalities
Article 232 – The sentences issued by Public and Revolutionary Courts on Criminal Affairs are definite and can be appealed only in the following cases:
A- Crimes for which the legal punishment is execution or stoning.
B- Crimes subject to a fixed penalty or retribution and similar instances.
C- Confiscation of properties valued more than Rials 1,000,000 (about US$ 1,000).
D- Crimes for which the sentence is to pay blood money in an amount more than one fifth of complete blood money.
E- Crimes for which the maximum legal punishment is more than three months, imprisonment or whipping or fines more than Rials 500,000 (about US$ 500).
F- Sentences of dismissal from service.
Note – Regarding the above mentioned items, the sentence can be appealed including conviction, acquittal, prohibition of pursuit, or suspension of pursuit.
Article 233 – The appeals reference for the sentences of Public and Revolutionary Courts of each jurisdiction is the Court of Appeal in the same province, except for the following cases for which the appeal reference is the Supreme Court:
A- Crimes for which the legal punishment is either execution or stoning.
B- Crimes for which the legal punishment is amputation, retribution or similar.
C- Crimes for which the legal punishment is more than 10 years of imprisonment.
D- Property confiscation.
Article 234 – In cases that the sentence is issued together for the criminal and loss claims, and if one of them can be appealed, then the other sentence can consequently be appealed. The Court of Appeal should act on the same basis.
Article 235 - Has been voided. (Amendment dated 28-07-1381 [October 10, 2002] Article 39 of the attachment to the Code of Establishing Public and Revolutionary Courts)
Article 236 – The deadline for requesting an appeal for people residing in Iran is 20 days, and for people residing out of the country, they have 2 months after the date of notification or the running of the time in which s/he can appeal. Except for the cases mentioned above in item (A), (B) and (C) of Article (235) and item (D) of Article (240) of this Code.
Article 237 – If the petition or an appeal has not been presented to the issuing court within the time limit, the requester shall present his or her request to the court citing the excuse and the reason. The court is bound to review the excuse that prevented the appeal, within the time frame. Once the excuse is accepted, the court will take the appeal into consideration.
Article 238 – The following are considered acceptable excuses:
A- A sickness which causes inability to move.
B- Being arrested during travel.
C- Impossibility of traffic and communication due to unexpected and natural disasters.
Note – If the convicted person claims that s/he could not appeal within the timeframe because s/he was not aware of the context of the sentence, the appeal can be presented to the issuing court within one week, and once the claim is proven, it will be considered an acceptable excuse.
Article 239 – The following people have the right to appeal:
A- The convicted person or his or her legal attorney or representative.
B- The private plaintiff or his or her legal attorney or representative.
C- The director of District Court with regard to crimes in his personal jurisdiction.
Article 240 – An appeal can be requested in the following instances:
A- Claiming that the documents referred to by the court were invalid, or the lack of legality in the testimonies of the witnesses, or there were false statements made by the witnesses.
B- Claiming that the sentence is against the law.
C- Claiming that the judge did not pay attention to the expressed reasons.
D- Claiming the judge or issuing court is incompetent.
Note – If the appeal is made based upon one of the above-mentioned items in this article, and there are no other components involved, then the Court of Appeal can take everything into consideration.
Article 241 – The Court of Appeal can only review what is claimed in the appeal and what was initially stipulated in the sentence.
Article 242 – The parties’ appeal regarding the penalty will be considered based on a written request and once the cost of trial is paid.
Note 1- A request for an appeal by the private plaintiff on the issued sentence regarding the losses caused by a crime must follow the rules of the Civil Code of Procedures.
Note 2- When the convict appeals his or her sentence and the losses caused by the crime, then s/he is not required to pay for the cost of the trial regarding the legal issue.
Article 243 – If the appellant claims insolvency to pay for the appeal, the issuing court will have to review this claim according to regulations.
Note 1- If the appellant is a prisoner, s/he is exempted from paying the cost of the appeal for the crime that s/he was arrested for.
Note 2 – The director of District Court or his deputy can waive the cost of the appeal proceedings regarding criminal cases for the appellant, taking consideration his or her situation.
Article 244 – The appellant should present his or her appeal to the office of the issuing court or the detention center where s/he is imprisoned. The court office or the detention center shall register the appeal immediately and provide the presenter with a receipt, stating: the name of the appellate, the litigant, the date of the request and the registry reference number. The same reference number and date shall be recorded on the petition or appeal letter. The office of the detention center is bound to send the appeal letter to the issuing court after registration.
Note – If the petition or appeal is presented directly to the Court of Appeal or the Supreme Court, the respective office will send the request stating the reference number and the date of receipt to the issuing court.
Article 245 – If the petition or the appeal lacks one of the legal terms and conditions, the office manager will inform the appellate of the defects within two days, enabling them to fix the defects within ten days of the notice. The court will make its appropriate decision if the defect is not fixed within the deadline of the petition and the appeal is presented to the offices of the court, or the detention center after the set legal date.
Article 246 – If the parties to the claim void their request for appeal through a written agreement, their appeal is not considered.
Article 247 – If any of the parties to the claim rescind his or her appeal, the Court of Appeal should issue the order for rejection or void the appeal accordingly.
Article 248 - The sentence issued in the appeals process cannot be appealed again unless the vote is insisted.[1]
Note – If there is a claim regarding the incompetency of the judge, the claim will be reviewed in the Supreme Court according to regulations.
Article 249 – If the sentence has been issued in a court that has not had the essential competency, the appeal authority will refer the case to the proper court. If the sentence is issued by a court that does not have authority, any of the parties to the claim can state this in their appeal, and the appeal authority will refer it to the proper court.
Note 1 – In cases for which the examination is only within the jurisdiction of the courts in Tehran, but it was reviewed and the sentence was issued in another court, the appeal authority will refer the case to the proper court.
Note 2 – The qualification of Judicial Courts to the Non-Judicial authorities, and the qualification of Public Courts to the Revolutionary and Military Courts, and the qualification of a Trial Court to a Court of Appeal are amongst their essential qualifications.
Article 250 – If the sentence of an appellant includes a mistake with regard to the conviction, loss, specification of the parties or the type and quantity of the punishment, and adjustment of the act with the law or other similar errors, which do not harm the foundation of the sentence, the Appeal Authority will review it as an appeal and will correct it while confirming it.
