Islamic penal code (IPC) in 1392 has new approach to Iranian penal policy and has made a massive transformation with regard to crime and punishment through predicting new penal standards. One of these new approaches to penal policy are article 115 and 220 of IPC which predict the judge options in referring to patent resources in authorized religious offenses and thus bring some ambiguity in the principle of interpreted in favor of accused person with regard to the principle of legality of crime and punishment. Because in several cases although possessing the Hudud Diyyat to either enter or accept to authorized religious offenses, jurist rejected to do so or they have accepted very limited cases. Authorized religious punishment in Iranian penal policy owns a position similar to that of Hudud and in some cases Iranian penal policy has accepted and referred to these crimes related to Hudud, yet the law giver has given the authority to the judges to explain and determine the provided punishment in juridical sources about some crime through searching in patent resources and using their knowledge, and sentence the accused. This penal policy in Iran’s legal system is not protected by the similar legislative and administrative history and most of authorized religious offenses are in a way that Imams determine the kind of the offense, punishment and the extent of it and some jurists have consensus about it in their juridical books and resources. analytical-descriptive study.



Keywords: penal policy, punishment, sanctions, authorized religious offenses, juridical grounds