Appearance of drunken non-Muslims in the streets and public places in the Iranian law

One of the crimes in Shiite criminal jurisprudence is the crime of "Appearance of drunken non-Muslims in the streets and public places". The crime in question, for the first time has entered the Iranian legal system with the enactment of the Islamic Penal Code in 1392. However, the law is silent on describing the circumstances of the crime. According to the findings of the study, "drunken" or the strong and overt drunkenness is a condition between mild drunkenness and involuntariness. In this case, the perpetrator exhibits drunken behaviors, but he is aware of his behaviors. Also, this crime is committed by only the appearance of non-Muslims in public places and passages; therefore, there is no need to be seen by another. Apart from this, the legislator has chosen the Ta'zir punishment for this crime, contrary to the popular opinion that the punishment is Hadd. This deliberate deviation from the Hadd punishment and the adoption of an unpopular Fatwa in this regard and some other articles in the field of Hadds, is due to the use of the "policy of reducing the implementation of Hadd punishments". The legislature, within the framework of the fourth article of the constitution and the acceptance of the realities of the contemporary world, seeks to reduce the implementation of Hadd punishments.