Drug Bill Reform Measure Approved by Legal and Judicial Commission on July 11, 2017
The following is the full text of the Single Urgency Bill provision meant to amend Iran's Narcotics Law by doing away with capital punishment for certain classes of drug offenders. It was ratified by the Majles' Legal and Judicial Commission on July 11, 2017.
“Single Urgency” Report
Number 518/K Q
Date: July 12, 2017
The Judicial and Legal Commission’s Report to the Islamic Consultative Assembly
The Single Urgency Bill for the Incorporation of a Single Article into the Law for Combating Illicit Drugs, Publication Number 354, submitted to this Commission [in its capacity] as the principle commission, was discussed and analyzed in numerous sessions with relevant experts in attendance, and was ultimately ratified with certain amendments in the July 11, 2017 session, as follows below.
In accordance with the Internal Rules of Procedure Article 147, the report thereof is hereby submitted to the Islamic Consultative Assembly.
Head of the Judicial and Legal Commission
Allahyar Malekshahi
(The remainder of the record has been published in Report Number 518.)
[Office of the Parliament’s] Vice-Presidency for Laws
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In the Name of God
Bill for the Incorporation of a Single Article into the Law for Combating Illicit Drugs
Single Article: A single article is incorporated as Article 45 into the Law for Combating Illicit Drugs of October 25, 1988 and to its subsequent amendments, as follows, and said Law’s [current] Article 45 becomes Article 46:
Article 45. Perpetrators of crimes that carry the death penalty or life imprisonment under this Law, shall be considered Mofsed fel-Arz* and sentenced to death and to expropriation of assets obtained from [engaging in activities related to] drugs and psychotropic substances, if one of the conditions below is satisfied [or it is established that the perpetrator(s) fall(s) into one of the categories enumerated below]; otherwise, [if none of the conditions below are met], “individuals subject to the death penalty” shall be sentenced to first degree imprisonment of up to thirty years and first degree monetary penalty up to two times the minimum amount [prescribed by law], and “individuals subject to life imprisonment” shall be sentenced to second degree imprisonment and second degree monetary penalty, as the case may be:
a. Cases where the principal or at least one of the accomplices has drawn a weapon during the commission of the crime, or has carried a firearm or a hunting weapon with the intention of opposing [law enforcement] officials. “Weapon” in this paragraph means weapons and ammunitions described in the Law for the Punishment of Trafficking in Weapons and Ammunitions and of Possessors of Unauthorized Weapons and Ammunitions of August 29, 2011.
b. If the perpetrator is the ringleader (as described in Article 130 of the Islamic Penal Code of 2013), provides financial support, is an investor, and/or utilizes children and young individuals under the age of 18 or mentally incompetent individuals (“mahjurin"**) for the commission of the crime.
c. [If the perpetrator engages in the] manufacture, production, distribution, sale, importation, of substances provided for in Article 4 of the Law (cannabis, hashish, grass, opium, or opium extract, residue, or waste), provided that it is more than one hundred kilograms; and of substances subject of Article 8 of the Law (Heroin, Morphine, cocaine, and other chemical by-products and derivatives of morphine, cocaine, and other substances), provided that it is more than two kilograms; and [If the perpetrator engages in the] exportation, sending, purchase, transportation, possession, hiding, and or making available for sale, of substances subject of Article 8, provided that it is more than five kilograms.
d. Cases where the perpetrator has a prior record of final conviction [sentencing the perpetrator to] death, life imprisonment, or imprisonment exceeding 15 years, for commission of crimes that are the subject of this Law.
Note 1: In cases provided for in Paragraph (c) above, if the perpetrator has no prior sentence of imprisonment exceeding two years for the commission of crimes provided for in this Law, he/she shall be sentenced to first degree imprisonment of up to thirty years and to first degree monetary penalty up to two times the minimum amount [prescribed by law].
Note 2: Regarding crimes provided for in this Law that carry a term of imprisonment in excess of five years, the perpetrator must serve the minimum term prescribed by law, and for sentences longer than that, he/she shall not enjoy suspension [of the sentence], conditional release, leave from prison, and other modes of leniency, with the exception of the Note to Article 38 of this Law. In the event that the sentence is in excess of the minimum legally prescribed punishment, the court may suspend the sentence for a period of five to ten years upon serving the minimum sentence prescribed by law.
Note 3: The above regulations are also applicable to final death sentences and life imprisonment sentences, subject to Islamic Penal Code Article 10(b).
Note 4: Regarding convicts whose punishment has been reduced through pardon, the above regulations can apply if they are more favorable to the perpetrator.
Note 5: With the assistance of the Headquarters for Combating Illicit Drugs and of the Ministry of Justice, the Judiciary Branch shall take the necessary legal steps in order to revise the Law for Combating Illicit Drugs within one year of the present Law coming into force.
*“One who spreads corruption on Earth”, a crime that carries the death penalty under Iran’s Islamic Penal Code.
**A Qur’anic term meaning “not in control of one’s mind.”
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Tenth Term, Second Year
Date of Publication: July 12, 2017
Replacement 2
Registration Number: 219
Publication Record Number: 354
Publication Number: 518