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Abstract

Criminal justice execution is founded on presumption of prosecution investigation and issuance of justified verdict based on observing fundamental principles, legal prosecution, legal basis found both for crime and punishment, holding open court and such.
Many of the mentioned principles have been predicted in the constitution of Islamic Republic of Iran by observing penal codes in Islam; however, despite above-mentioned principles and Islamic Jurisprudential criteria, the wording and style used in note 2 of clause C of Art 295 and also, Art 226 of Islamic Punishment Law implies suspicion of authorizing ordinary people to undertake prosecution and issue judicial verdicts for citizens’ charges to crimes such as premeditated murder, adultery, buggery and such, which ordinarily lead to retaliation and/or execution sentences. Therefore, it is necessary to either omit those parts or amend them in a way that could remove aforementioned suspicion.