The Position of repentance in abolishing punishment from the perspective of Imami jurisprudence and Iranian law

Abstract

In jurisprudence and law, the offender’s repentance is considered one of the remissions of the penalty, subject to three conditions: 1- That the repentance be genuine, meaning that the offender’s repentance and remorse is proven in his act. 2- Committing a crime is related to the right of God, and if it is mixed with the right of people, repentance alone will not abrogate the punishment. 3. The time of repentance. The offender's repentance is divided into three categories in terms of time: First: Repentance before confession or evidence, in which case it causes the punishment to fall. Second: Repentance after confession, and in this case the ruler chooses between pardoning and enforcing the punishment. Third: Repentance after presenting the evidence, and in this case repentance has no effect on canceling the sentence. It should be noted that repentance does not affect the abolition of the penalty for some crimes, such as apostasy from fitrah. In disciplinary punishments, the ruler has more power and, with interests, can mitigate or pardon the sentence. Most of the Imami jurists have a common view on the repentance of the offender. Based on this well-known view of the jurists, the criminal law of Iran was developed, and in 1392, the laws related to repentance, which were previously scattered, were concentrated in Legal Articles No. 113-119.