Thursday 14 February 2013

Time Lapse in Deterrent Penalties


Time Lapse in Deterrent Penalties
Article 173 - In crimes for which the legal punishments are either penalties meant to deter or bail or educational measures, and there has been no request to prosecute from the time the crime was committed until the validity of the following cases, or there has been no verdict concluded since the beginning of the prosecution until the expiration of the mentioned issues, the prosecution of the case will have to cease.
A- When the maximum penalty is more than three years of imprisonment or the fine is more than Rial 1,000,000 (about $100) with a validity of 10 years.
B- When the maximum penalty is less than three years of imprisonment or the fine is up to Rial 1,000,000 (about $100) with a validity of five years.
C- Any punishment except imprisonment or fine with a validity of three years.
Note – In cases for which the legal punishment is imprisonment or a fine or a lashing, or all of them, the duration of imprisonment is the criteria.
Article 174 – In all of the aforementioned cases, whenever the sentence is issued but not yet implemented, the implementation will be stopped after the expiration of the mentioned cases after the definite date of the sentence.  In any case, the subdominant effects of the court order will remain effective.
Note – The sentences of the courts outside of the country towards Iranian nationals regarding legal regulations and agreements are subject to the regulations of this article.
Article 175 – Suspending the case and stopping the execution of a court order will not prevent a complainant or the private plaintiff from advocating for their rights.
Article 176 – If the judges, judicial officers and other officials who are legally bound to pursuit of the case, to investigate and execute the sentence, or to do something or fail to do something as a result of which the pursuit or execution of the sentence is not performed, they will be tried criminally, disciplinary, or officially, based on the case.