Iran Penal Code of 2012

Found at http://rc.majlis.ir/fa/legal_draft/show/720530

IGLHRC Shadow Report Excerpts/Footnotes

(from old Iranian Penal Code)

[5] The penalty for homosexuality is detailed in the Second Book of Iran’s Islamic Penal Code, which is dedicated to Corporal Punishment (hodood). The offenses that are listed in this book include:

1. Sex outside of marriage (including adultery and rape)
2. Gay sex
3. Lesbian sex
4. Pimping
5. Wrongful sexual accusations
6. Alcohol consumption
7. Armed uprising and
8. Theft.

The first five offenses discussed in this book are all of a sexual nature.

[4] According to the Iranian Islamic Penal Code, “Both parties to the gay sex are equally criminally liable” (Article 109), unless one of them is forced, is a minor, or is mentally challenged (Article 111, 112, 113).

[53] Article 114 of the Penal Code clearly states that, "The confession of lavat should be made 4 times in front of the Sharia Judge" in order for the case to be proven, however pre-trial admissions have been accepted as sufficient evidence. Makwan Mouloudzadeh was convicted on the basis of a pre-trial confession which he did not repeat in court. Page 29 of Iran: We are a Buried Generation, Discrimination and Violence Against Sexual Minorities in Iran, Human Rights Watch.

[6] Articles 111, 112 and 130 are from Penal Code Chapter 2 entitled, Punishment for Sodomy.

Article 127 of Iran’s Islamic Penal Code defines lesbianism or Mosahegheh as sexual act between two women involving their genitalia (Article 127).

The punishment for lesbian sex is 100 lashes (Article 129), but if the offense is repeated, the fourth times the parties will be killed (Article 131).

Two adult and mentally sound men who willingly had anal intercourse with each other are sentenced to death (Article 110).

If the two men only engaged in tafkhiz (non-penetrative sexual pleasure), the penalty is 100 lashes for the first 3 times and the death penalty for the fourth time (Article 121 and 122).

If two men are found naked under a blanket, they will both receive 99 lashes (Article 123).

Finally, if two men kiss each other passionately, they will be punished by 60 lashes (Article 124).

[5] The penalty for homosexuality is detailed in the Second Book of Iran’s Islamic Penal Code, which is dedicated to Corporal Punishment (hodood). The offenses that are listed in this book include:

1. Sex outside of marriage (including adultery and rape)
2. Gay sex
3. Lesbian sex
4. Pimping
5. Wrongful sexual accusations
6. Alcohol consumption
7. Armed uprising and
8. Theft.

The first five offenses discussed in this book are all of a sexual nature.

[13] Under Article 638 of the Islamic Penal code, an individual who offends “public decency” will be sentenced to imprisonment from 10 days to two months or up to 74 lashes.

[23] The Iranian Islamic Penal Code has several sections dedicated to the issue of same-sex intercourse and its punishment:

• Articles 108-113: definition of gay sex between men and its punishment;
• Article 114-126: Methods of proving gay sex in the court of law;
• Articles 127-134: same-sex intercourse between women;
• Articles 135-138: Facilitating same-sex intercourse between two people and;
• Article 139-164: In definition and Punishment for wrongful accusation of same-sex intercourse.

[51] Penal Code of the Islamic Republic of Iran, Article 117. If less than 4 witnesses testify before the court, their testimony is admissible and they will be charged and punished for wrongful sexual accusations (ghazf) (Article 118). Women cannot testify in a case involving gay sex. (Article 119).


[52] Penal Code of the Islamic Republic of Iran, Article 114. The confession is only acceptable if made willingly, by sound minded adults under no duress (Article 116). Confession during the investigation is not admissible and if the defendants confess to their act less than four times, their confession cannot be used (Article 115).