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Islamic Penal Code of Iran (1991, as amended 2012; selected provisions related to women) – 1: Book 1 – Preliminary, Part 2 – Punishments

Article 37- If there is one, or more, mitigating factor(s), the court may mitigate or replace the ta’zir punishment as explained below in a way which is in the interest of the accused:
(a) Reducing the imprisonment period from one to three degree(s)
(b) Replacing the confiscation of properties with a fine of the first to fourth degree
(c) Replacing the permanent dismissal to temporary suspension from five to fifteen years
(d) Reducing one or two degrees of the same or other types of punishments for other ta’zir punishments

Article 38- Mitigating factors are:
(a) Forgiveness by complainant or private claimant
(b) Effective cooperation of the accused in recognition of accomplices and accessories to the offense and in finding the proceeds of the offense or discovering the properties and goods resulted from, or the means used in commission of, the offense
(c) Specific circumstances under the influence of which the accused has committed the offense; such as: inflammatory conduct or talk of the victim or honorable motive for committing the offense
(d) Statement of the accused prior to prosecution, or his/her effective confession during investigation and prosecution
(e) Regret, good reputation or specific condition of the accused such as his/her age or illness
(f) Efforts by the accused in order to reduce the effects of the offense and his/her measures to compensate the loss resulting from it
(g) When the loss imposed to the victim of the offense or the consequences of the offense are slight
(h) Slight contribution of accomplice or accessory to the offense in commission of the offense
Note 1 -The court must stipulate the mitigating factors in its judgment.
Note 2 -If the same mitigating factors as mentioned in this article are provided in specific articles, the court may not mitigate the punishment again for the same mitigating factors.

Article 39- In ta’zir crimes of the seventh and eighth degree, when mitigating factors are recognized, if the court finds the accused guilty but believes that the offender will be corrected even without execution of the punishment, provided that s/he has no effective criminal record and the complainant has forgiven the offender and the losses are already compensated or appropriate measures are taken to compensate the loss, the court may decide to exempt the offender from punishment.

Next: Chapter 2 – Book 2 – Hudud, Part 1 – General Articles