The law is one of the most important foundations for the formation and achievement of a civil society. Relying on the law and safeguarding its boundaries as a manifestation of the will of the people, is the guarantor of the survival and stability of such societies. The combination of these characteristics – in addition to other features – which is interpreted as “the rule of law”, forms the essence and immutable nature of civil societies. When speaking about the law and its authority in society, it must be noted that not every order or decree imposed on society can be considered a law, and something can only be considered a law if it meets certain legal standards in terms of form, content, and how it is created (approved). One of these standard features, which pertains to the subject and content of the law, is its objectivity and the ability to be measured and evaluated. Therefore, matters that involve degrees of personal or mental aspects cannot be subject to the law, as even with psychological investigations,

However, in religious-ideological legal systems (if we can consider them as modern legal systems), many mental and spiritual matters are taken into account as criteria for action and judgment. An example of the influence and penetration of these matters in specific laws is the inclusion of the concept of “repentance” in the fifth section of the second chapter of the Islamic Penal Code (Articles 114-119). These articles, mainly derived from jurisprudential sources, identify repentance as one of the factors that can lead to the suspension of certain punishments and have significant legal implications. In some cases, it may even exempt a person from the death penalty (as a hadd punishment) (1) and completely absolve them from criminal prosecution. According to Article 114 of the Islamic Penal Code, “in crimes that carry a hadd punishment, except for qazf (false accusation of adultery) and moharebeh (enmity against God), if the accused repents before

As it can be observed, repentance is an internal matter and its realization is almost impossible, but it can have important legal consequences. However, it should be noted that repentance, as part of the punishment and divine retribution system in Islam, cannot be separated or removed from the circle of divine limits (which are mostly harsh and strict) and its existence can even be beneficial in terms of being able to take measures to enforce these limits. In any case, in the process of Islamization of laws and regulations, repentance has also found its way into the Iranian criminal system as a result of these limits, and regardless of the extent to which these limits correspond with the realities of society and people’s beliefs, a significant part of current criminal reactions has been attributed to these limits. In other words, as long as these limits are included as part of punishments in criminal laws, the existence of the institution of repentance also seems natural and even necessary. However, it is worth considering that in

In this regard, and in order to determine the executive mechanisms of repentance, a recent directive for verifying repentance has been approved by the head of the judiciary and has been communicated to judicial authorities. Article 1 of this directive defines repentance as follows: “Repentance is a psychological state that involves the attention and return of a person to God after committing a criminal act; in such a way that the perpetrator becomes aware of their wrongdoing, feels remorse, and is determined to reform their behavior and make efforts to rectify and compensate for the damage in the future.” The fundamental issue begins with this definition…

It is true that this definition is derived from jurisprudential sources and is almost in line with what is stated in the Sharia, but the fundamental question is how this “spiritual state” that is a command between God-fearing individuals and their own God is verified and why it should lead to exemption from punishment. It may be argued that repentance occurs through examining its effects, such as the perpetrator becoming aware of their immoral behavior, feeling remorse, correcting their behavior, being determined to abandon such behavior in the future, and making efforts to rectify and compensate for the damage and other effects. However, it must be said in response that these effects, in and of themselves and regardless of the internal cause that led to them, can be effective in reducing or exempting from punishment, and there is no reason for the internal and belief-based aspect of repentance to be involved in this area. Unfortunately, in both the Islamic Penal Code and the mentioned procedure, all individuals who are considered to

In summary, the entry of legal repentance, which is an internal matter within the realm of beliefs and personal affairs, into the realm of criminal laws and regulations and its involvement in the criminal justice process is a hypocritical and deceptive action. It is better for legislators and lawmakers to focus on what they believe to be the effects of repentance (paragraphs of Article 5 of the Code of Conduct, except for paragraph A) and refrain from examining the beliefs of individuals and encouraging them to express speech and commit pretentious behaviors.

Note:

1- According to Article 15 of the Islamic Penal Code, “punishment is the legal limit that has been determined in the sacred law regarding its type, amount, and quality of execution.”