Order of sentence implementation
Article 281 –The sentence is implemented by the issuing Magistrate Court or its successor as stated herein:
Article 282 - In cases where the sentence shall be implemented by governmental public officials or organizations, the court will send a copy of the sentence, issue the instructions for implementation, conduct proper trainings, and thoroughly monitor the implementation.
Article 283 – The implementation of the sentence is started right after the order is issued and will not be halted, unless the issuing court orders the cessation within the set rules and regulations.
Articles 284 – All judicial officers, disciplinary and military forces, directors of governmental and governmental affiliated organizations, or public institutes are bound to perform the orders of the courts regarding the implementation of sentences within their areas of responsibilities.
Article 285 – It is the responsibility of the issuing court to remove ambiguity and brevity from a sentence, but the court under which the implementation of the sentence is being performed is the one to correct the problems and mistakes of the implementation.
Article 286 – Implementation of the rulings for judgment cost, payment of damages and losses of the private plaintiffs are done according to the regulations stipulated in the Implementation Chapter of the Civil Code.
Article 287 – If the ruling states the innocence of the accused, or bans or halts the pursuit of the accused, the ruling should immediately be implemented by the court, and the accused will no longer be detained unless kept detained for another reason.
Article 288 – Suspended lashing sentences are not performed until the removal of obstacles in the following cases:
A- A woman who is pregnant or is bleeding after child delivery, and is bleeding before or after menstrual age.
B- A woman who is breastfeeding a baby who is still an infant – up until a maximum age of two years old.
C- A sick person whom, according to the forensic physician or the reliable physician of the court, might get worse or the recovery might be delayed due to the implementation of the sentence. In this case, if there is no hope that the patient might recover or if the court deems it appropriate, a whip is made out of the number of lashes mentioned in the sentence and the convicted person will receive one lash with it.
D- In cases where it is necessary to change a punishment to another punishment according to the law, the first punishment will not be implemented until the decision is made by the court.
Article 289 – Insanity of the convicted person after the sentence is issued and his or her escape while the sentence is being implemented will not halt the suspended penalty.
Article 290 – The sentence will state where and how the lashing sentence shall be implemented according to the court, while keeping public discipline and observing Sharia and other regulations.
Article 291 – If the convicted person falls ill, it will not cease the implementation of the imprisonment sentence unless otherwise determined by the court that the implementation of the sentence will worsen the disease or delay the recovery. In this case, the court will issue permission for his or her treatment outside the prison according to the forensic physician or a reliable physician of the court, and s/he must obtain adequate bail. If the convict does not pay the bail based on the physician’s advice and the court order, s/he will be treated in the prison’s hospital or another hospital under the supervision of judicial officers.
Note – In cases of insanity, the convicted person will be kept in a mental hospital until recovery. The period staying in the hospital are counted within his or her sentence.
Article 292 – How and when to pay the blood money will be in accordance with what is stipulated in the Islamic Penal Code and the law for implementation of financial convictions.
Article 293 – Before implementing the sentence of execution, retribution, stoning or hangings, there are religious ceremonies performed for the convicted person by qualified people. The following people must be present when an execution is being performed: the director of the issuing court or his representative, head of the District Disciplinary Force or his representative, director of the prison, forensic physician or a reliable physician, and the court secretary. The convicted person’s attorney can also be present. Once the convicted person is present, the director of the court or his representative will issue the order for the implementation of the sentence, the secretary will read the sentence out loud, then the sentence will be implemented and the minutes will be signed by all of those who are present.
Note – The implementation procedure of this article and the modalities of performing the lashing sentence will be prepared by the Minister of Justice within three months, to be further approved by the head of Judiciary.
Article 294 – Those who are sentenced to imprisonment will be introduced to the prison, and their crime and the length of their sentence are announced to the prison.
Article 295 – Duration of all imprisonment sentences starts from the day the convicted person is imprisoned according to the definite sentence to be implemented.
Note – If the convicted person has been already detained because of one or more accusations mentioned in the case, the period of detention will be deducted from his imprisonment.
Article 296 – A breast fed infant shall not be separated from a mother who is sentenced to imprisonment or exile, unless the mother willingly gives the child to the father or other relatives.
Article 297 – Those persons sentenced to exile shall be transferred to that place, and the court and Disciplinary Forces should be informed immediately.
Note - The implementation procedure of this article will be prepared by the Ministries of Justice and interior within three months to be further approved by the Council of Ministers.
