A critical review of Islamic Punishment Code (enacted 1392/2013) in regard to the Rule of Interference of Retaliation

Unlike the Islamic Code (approved 1370/1991) in which no suitable attention had been paid to the rule of interference of retaliation, the Islamic Punishment Code (approved 1392/2013) has discussed this rule as well as the rule of interference of blood-moneys in details and in which some innovations may be seen. In spite of increase in the number of articles concerning this rule, some innovations in the Code are not juridicially supported and some defects and conflicts may be found in legislation which require serious revision. For example, according to the new Code, if one intentionally inflicts blows on some limb of another person while he/she does not intend to kill the former and the other person is killed, though this is considered as quasi-intentional homicide, the killer is sentenced to retaliation of limb (for limb) as well as payment of blood-money. Also, if some successive blows kill another person, the Code considers interference of retaliation of limbs and retaliation. When insuccesive blows kill some other person, however, the criminal is sentenced to retaliation for manslaughter and, in addition, he is sentenced to retaliation for committing crime on limbs except for the the slain’s limb harmed before the last crime.