Criminal Procedure Code at Iran
Iran's criminal justice system is governed by the Code of Criminal Procedure (Qanun-i Aml-i Jina'i), which was significantly reformed and enacted in 2013, with implementation commencing in June 2015. This code replaced the previous 1999 version and introduced several changes aimed at enhancing defendants' rights. However, subsequent amendments have raised concerns about their impact on these rights.
📘 Overview of the 2013 Code of Criminal Procedure
The 2013 Code introduced several reforms:
Right to Counsel: Article 48 of the Code stipulates that a suspect has the right to request the presence of an attorney upon arrest. Initially, this provision applied universally; however, later amendments limited this right in cases involving national security or organized crimes, restricting defendants to attorneys approved by the judiciary . (Amendments to the Islamic Republic of Iran’s Code of Criminal Procedure - Part 1 - Iran Human Rights Documentation Center)
Exclusion of Coerced Confessions: The Code prohibits the use of confessions obtained through torture or ill-treatment. While this is a positive development, the Code lacks detailed procedures to enforce this prohibition effectively, such as mandatory medical examinations to verify allegations of torture . (Flawed Reforms: Iran’s New Code of Criminal Procedure)
Investigation and Trial Procedures: The Code outlines procedures for investigations and trials, aiming to ensure fairness and transparency. However, the practical application of these procedures has been inconsistent, and there are concerns about the independence of the judiciary .
⚠️ Post-Enactment Amendments and Their Impact
Following the enactment of the 2013 Code, several amendments were introduced that have raised concerns:
Limited Access to Counsel: Amendments have restricted the right to counsel in certain cases, particularly those involving national security or organized crimes. Defendants in these cases may only choose attorneys from a list approved by the judiciary, which is often controlled by the Supreme Leader . (Amendments to the Islamic Republic of Iran’s Code of Criminal Procedure - Part 1 - Iran Human Rights Documentation Center)
Delegation of Investigative Duties: The Code allows prosecutors to delegate investigative duties to officers of the Ministry of Justice in certain serious cases. This broadens the scope of government agents involved in investigations, which could impact the fairness of proceedings . (Amendments to the Islamic Republic of Iran’s Code of Criminal Procedure - Part 1 - Iran Human Rights Documentation Center)
Appeals Process: Amendments have altered the thresholds for cases to be heard by the Supreme Court, potentially reducing the number of cases subject to higher judicial review . (Amendments to the Islamic Republic of Iran’s Code of Criminal Procedure - Part 1 - Iran Human Rights Documentation Center)
📚 Accessing the Code
The full text of the Code of Criminal Procedure, including its amendments, is available through the Abdorrahman Boroumand Center: (Abdorrahman Boroumand Center :: Code of Criminal Procedure (Current Version, Implemented 2015))
Code of Criminal Procedure (Current Version, Implemented 2015)
For a detailed analysis of the amendments and their implications, refer to the Iran Human Rights Documentation Center: (A Look at Criminal Procedure in Iran - Iran Human Rights Documentation Center)
Amendments to the Islamic Republic of Iran’s Code of Criminal Procedure - Part 1
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