Pardonable Offenses

Introduction

In Iran's criminal system, certain offenses can be prosecuted only upon the complainant's accusation, and judicial proceedings stop if the complainant grants forgiveness. This category of offenses is known as "pardonable offenses" (jaraem-e ghabel-e gozasht). In this article we examine what a pardonable offense means, which offenses fall into this category, and what effect the complainant's forgiveness has.

What does a pardonable offense mean?

Under Article 104 of the Islamic Penal Code: "A pardonable offense is an offense whose prosecution, adjudication, and execution of punishment begins with the private complainant's accusation, and which is halted at any stage of prosecution upon the complainant's forgiveness."

In plain terms: if the complainant forgives or grants consent, the case is closed and does not proceed further.

The most significant pardonable offenses

Currently (taking recent amendments to the law into account), some pardonable offenses include:

• Simple battery and assault
• Non-public insults, or insults without significant consequences
• Disclosure of a secret without intent to cause serious harm
• Spreading falsehoods not involving the state
• Defamation of a low-harm degree
• Harassment by phone call or text message
• Unauthorized entry onto another's property (without destruction or threat)
• Failure to pay nafaqa (if the wife consents)
• Abandonment of maintenance owed to a child or parent (if forgiven)
• Publishing private images without serious intent to exploit

Note: the list of pardonable offenses may change according to regulations and unifying judicial precedents.