Jurisprudence

Jurisprudence

Judicial Interpretation of Legal Repentance in Iranian Law (Study of Precedent)

Document Type : Original Article

Authors
1 PhD in Criminal Law and Criminology, Faculty of Law and Political Science, Allameh Tabatabaei University, Tehran, Iran
2 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, University of Science and Culture, Tehran, Iran
3 PhD student in Criminal Law and Criminology, Faculty of Law, Kashan University, Kashan, Iran
Abstract
The Islamic Penal Code enacted in 2013, on the basis of depenalization approach created new legal institutions or sometimes expanded the previous institutions into a general legal institution, among which we can refer to the "Repentance Institution". After more than a decade of the application of repentance as a depenalization institution, now it is possible to examine the extent of its acceptance and application in precedent. For this purpose, the present research has evaluated and analyzed 610 criminal verdicts containing repentance as a sample of research. Quantitative findings indicate that the criminal titles of "Alcohol consumption" and "Drug-related crimes" account for a total of 75% (62% and 13%, respectively) of all cases of repentance. All other criminal titles form only 25% of cases involving repentance. Qualitative findings have also shown that judges do not prescribe rules for deciding on repentance in most cases. Also, the results confirm that the jurisprudence has a lenient approach in dealing with the criminal title of "Alcohol consumption", in such a way that 86% of cases have resulted in suspension of prosecution, repentance has worked as a mitigating tool in drug-related crimes, and a stricter approach has prevailed in other titles. In general, it is considered that the "Repentance Institution" has been accepted in a very limited way despite its wide legal domain, and the legal capacities of it have not been used.
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Volume 1, Issue 2 - Serial Number 2
September 2025
Pages 193-218

  • Receive Date 19 February 2025
  • Revise Date 19 October 2025
  • Accept Date 06 October 2025