From Quadruple Levels of Crimes to Octuple Levels of Ta’zir Punishments: Shortcomings and Necessities

Upon the enactment of Islamic Penal Code in 2013, tremendous
changes have been observed in Iranian punishment determining system,
particularly regarding the aspects related to Ta’zir. While preserving the
religious categorization of punishments, the above-mentioned Code has
divided Ta’zir into eight levels. Categorization of levels of punishments
is an ordinary issue in different legal systems, which automatically
results in different substantive and procedural effects. It is also an
irrefutable way of defining the application of responses and the use of
legal entities established by law. However, a number of questions arise
here including: (a) what are the bases of differentiating such levels?, and
(b) what consequences may be followed by the implementation of such
levels? The present paper aims at determining the shortcomings and
necessities of the octuple levels of Ta’zir punishments embedded in
Iranian Islamic Penal Code. The study reveals that the legislators have
not followed a rational approach in dividing Ta’zir punishments into
eight levels; they have also not established this categorization on the
basis of a specific principle. This has led to a failure in distinguishing
severe and lighter punishments, which has destroyed the rights of the
accused and has also resulted in some inconsistency with the overall
policies of the judicial system.