Drug Bill Reform Measure Approved by Legal and Judicial Commission on April 23, 2017
Date of Printing: May 30, 2017
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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 firearm or ammunition (as 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) during the commission of the crime, or has carried a firearm with the intention of opposing [law enforcement] officials.
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. 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: 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 periods shorter than [this minimum sentence prescribed by law], he/she [will not be eligible] for 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 2: The above regulations are also applicable to final death sentences and life imprisonment sentences, subject to Islamic Penal Code Article 10(b).
Note 3: Regarding convicts whose punishment has been reduced through pardon, the above regulations can apply if they are more favorable to the perpetrator.
Note 4: 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.
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*“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.”