The Penal Code of the Islamic Republic of Iran imposes corporal punishment for a significant
number of crimes. Articles 386 to 416 contain regulations allowing the imposition of a range of
punishment under qesas-e ozv (retaliation for injured limb or body part).33 Such punishments
include amputation of limbs, cutting of body parts and blinding. Under Article 278 of the Penal
Code, the crime of theft, when meeting certain conditions,34 is sentenced with “amputation of the
full length of four fingers of the right hand of the thief […]”.35 Iran’s penal law provides for about
149 offenses that are punishable by flogging, according to the Abdorrahman Boroumand
Foundation.36 Flogging is foreseen for offenses such as: consumption of alcohol, drug use and
petty drug dealing, theft, adultery, “flouting” of public morals, illegitimate relationships, and
mixing of the sexes in public.37
Based on the age of majority in the Penal Code, girls above the age of 9 lunar years and boys above
the age of 15 lunar years can be flogged for criminal offenses, although revisions in the 2013 Penal
Code provide for some limitations on the application of these sentences. (For explanation on these
limitations, see section 148 on child executions). It is currently unclear whether these revisions
have impacted sentencing.38
While the 2013 Islamic Penal Code abolishes corporal punishment and flogging of children under
the age of 18 years for the crimes under ta’zir (discretionary punishment for crimes or which fixed
penalties not provided in Islamic Law), it retains the punishment for crimes under hudud (fixed
punishments prescribed by Islamic Law) and qisas (punishment of retribution in kind) for children
who have reached the legal age of criminal responsibility (9 lunar years for girls and 15 lunar years
for boys). 39 In 2016, the Committee on the Rights of the Child raised serious concerns about such
crimes carrying sentences “involving torture or cruel or degrading treatment or punishment which
have been and continue to be applied to children.”40 For example, a 14-year-old boy was sentenced
to six months in prison and 30 lashes for stealing pigeons from his neighbor’s roof in February
2013 by a court in Birjan, Khorasan Province. The judge sentenced the boy despite the fact that the
33
Islamic Penal Code of the Islamic Republic of Iran (2013) as referenced in “Flawed Reforms: Iran’s next Code of Criminal
Procedure”, Amnesty International, 2016
34
The conditions stipulated under this provision include but are not limited to the following: “The stolen property has a
legitimate value”, “the stolen property was placed in herz [a secure place]”, “the thief breached the herz [the secure place]”, and
“the theft was not committed in a time of famine” Article 268, Islamic Penal Code of the Islamic Republic of Iran (2013), Iran
Human Rights Documentation Center, https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/.
35
Article 278 Islamic Penal Code of the Islamic Republic of Iran (2013) Islamic Penal Code of the Islamic Republic of Iran, Iran
Human Rights Documentation Center, https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
36
Abdorrahman Boroumand Foundation, Flogging Interactive, available at: https://iranrights.org/projects/flogging.
37
For a list of acts punishable by flogging in Iranian law, see: Abdorrahman Boroumand Center
38
Impact Iran submission to the Committee on the Rights of the Child, review of the 3rd and 4th periodic reports of the
IslamicRepublic of Iran
39
Committee on the Rights of the Child (CRC), CRC/C/IRN/CO/3-4, 14 March 2016
40
Ibid.
5