SHARIAsource

(Translation by Seyed Bahman Khodadadi)

Islamic Republic of Iran
Judiciary
Supreme Court of the Country
General Administration of Uniformity of Judicial Decisions and Publication of Deliberations and Opinions of the General Board

Subject: Decision of the Unity of Procedure of the General Board of the Supreme Court
Opinion Number: 835

With the enactment of the Islamic Penal Law (1375) and the subsequent dissolution of public and revolutionary courts from [Iran's] judicial system, the responsibility for conducting preliminary investigations was assigned to the courts. Consequently, the reference to the "Prosecutor's Office" in Article 650 of the aforementioned law concerning perjury has become obsolete.

Following the re-establishment of the Prosecutor's Offices, Article 322 of the Criminal Procedure Law, approved in 1392, along with Article 209 of the same law, explicitly addresses the punishment for perjury, establishing a legal obligation for investigators regarding witness testimony. This provision emphasizes the necessity of enforcing penalties for violations committed by witnesses, thereby underscoring the duty of investigators to interpret the law with the intent of uncovering the legislative purpose.

Accordingly, the punishment prescribed for perjury occurring during the preliminary investigation phase, prior to the involvement of the Prosecutor's Office, remains subject to Article 650 of the Islamic Penal Code (Penalties). Therefore, the decision rendered by the 13th Branch of the Alborz Court of Appeal, which aligns with this opinion, is recognized as correct and lawful by the majority of votes. This decision is binding for the branches of the Supreme Court, as well as all other judicial and non-judicial authorities, pursuant to Article 471 of the Criminal Procedure Law, approved in 1392, along with subsequent amendments and additions in similar cases.