Case Study on the Death Penalty for Drinking Alcoholic Beverage in the sixth instance

This research, which was carried out using a "case study" method, concerns the issuance and execution of the death sentence for a person who has a record of six previous convictions for drinking alcohol. The evidence of this ruling is Article 136 of the Islamic Penal Code approved in 2012, which stipulates: "If someone commits the same type of crime that causes hadd (i.e. punishment is precisely determined) three times, and each time the punishment for that crime is inflicted upon him, his hadd is death in the fourth instance. The evidence to prove this charge is "the knowledge of the judge" and it has passed the different stages of the prosecutor's office, the criminal court 1 and the Supreme Court. In the analytical review of this case it has been determined that some of the rules governing preliminary investigation of hadd punishment have been overlooked by the bailiffs and the judicial authorities. Especially, the existence of eight misgivings identified in these studies indicate that the case in question is subject to the ruling of " Rule of Dar’(elimination)" which is enshrined in articles 120 and 121 of the Islamic Penal Code approved in 2013. In conclusion, three suggestions have been presented to improve the activity of bailiffs and judges, as well as amendment of Article 136 of the Islamic Penal Code approved in 2013 regarding the death penalty for repeating crimes in which the punishment is hadd.