Drug Bill Reform Measure Approved by Majles on November 23, 2016
Date of Printing: December 6, 2016
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Single Article: A single article is incorporated as Article 46 into the Law for Combating Illicit Drugs as follows:
Article 46: Perpetrators of drug crimes shall be considered Mofsed fel-Arz* in the conditions [enumerated below.] In other instances for which capital punishment or life in prison have been foreseen, [perpetrators] shall be sentenced to first-degree prison terms of between 25 and 30 years.
a. Cases where the principal or at least one of the accomplices has carried a firearm during the commission of the crime, or has drawn a firearm or cold weapon [e.g. dagger, machete.]
b. Cases where the perpetrator is the ringleader of an organized criminal group, as defined by Article 18 of this Law or Article 130 of the Islamic Criminal Code.
c. Cases where the perpetrator has a prior record of final conviction [sentencing the perpetrator to] death, or [a sentence of] imprisonment of 10 years or more, or has served at least five years of imprisonment, for commission of crimes that are the subject of this Law.
d. [If the perpetrator engages in the] manufacture, production, or importation into the country of substances provided for in Article 8 of the Law, provided that it is more than … [note: left blank] kilograms.
Note: Regarding crimes provided for in this Law that carry a term of imprisonment in excess of two years, the perpetrator must necessarily serve the minimum sentence prescribed by law. For periods shorter than [this minimum sentence prescribed by law], the perpetrator will [not be eligible for] commutation, [sentence] reduction, alternative sentencing, 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 ten to fifteen years upon serving the minimum sentence prescribed by law. This Law also includes [those perpetrators] who presently have finalized sentences.