Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Repentance in the Criminal System of Iran and Islam with the Possibility of its Application in the Prosecution Stage

Document Type : Original Article

Authors
1 Ph.D Student of Criminal Law and Criminology, Mazandaran University, Babolsar, Iran. (Corresponding Author)
2 Associate Professor, Department of Law, Mazandaran University, Babolsar, Iran
10.22034/jccj.2025.453871.1552
Abstract
The institution of Repentance is one of the institutions provided in the Islamic legal system and the direction of punishment in the light of attracting the cooperation and participation of the criminal in fighting crime. The Islamic Penal Code approved in 2013, however, in a new, significant, and valuable measure and following jurisprudential sources and Sharia standards with an innovative and relatively uncommon approach in the direction of reforming and rehabilitating criminals as one of the goals of punishment, has devoted himself to developing the regulations of the institution of Repentance independently while concentrating on the admirable capacities of dynamic jurisprudence. However, the legislative ambiguities and difficulties caused by the legislator's haste are tangible and noticeable in formulating these regulations The present paper enumerates the problems in the way of legislation - among which are challenges related to repentance, such as the lack of certainty regarding the criteria for accepting repentance in the eyes of the judicial authority, causing doubt or suspicion of lack of repentance, and additionally excluding Sharia punishments from the effect of repentance in these crimes and finally, the possibility of verifying repentance at the court stage - while proposing to the legislator to determine the criteria and provide examples in the way of obtaining repentance, coordinating the legal materials with jurisprudential sources and formalizing the formal and substantive provisions in this regard, which may put an end to the ambiguities and abstractions in this regard.
Keywords

Volume 5, Issue 4
Autumn 2025
Pages 23-36

  • Receive Date 16 January 2025
  • Revise Date 04 April 2025
  • Accept Date 09 May 2025
  • Publish Date 22 December 2025