Denial of the Ajamian family's waiver of revenge / In cases of Muharebeh, if the family of the victim is forgiven, the right of the government remains.

Abdollah Abdi - Abdi Media

Some news about Mr. Ajamian's mother waiving her right to revenge was published in the so-called "Wahiti" and "Principalist" channels and then denied.

Abdi Media considers it necessary to remind a legal point and of course neglected according to Sharia laws and the current Islamic Penal Code, regardless of this issue.

The defendants who are accused of war by the prosecutors, they are also accused of murder; The charge of murder is the second charge against the parents of a person.

Even if one of the guardians waives the right of retribution, the right of another is reserved.

Even one of the guardians has the right to retribution, and if all the guardians forgive and the charge of retribution is proven and determined in the trial process, the accused of retribution will be sentenced to imprisonment from three to ten years, but according to the current laws, the right of the government, which is in the charge He has started fighting and he is in his place.

To put it more clearly, if the courts convict an accused of muharibeh and one of the convictions of that charge, which is detailed in Article 282 of the Islamic Penal Code, and the Supreme Court confirms that court decision; Assuming that the retrial in the Supreme Court of the country is not accepted for that convict, according to Article 114 of the Islamic Penal Code, his repentance is only accepted if he claims repentance after the arrest of the leader of the Islamic Republic, but if the court accepts the repentance according to Articles 117 and 118 of the Islamic Penal Code He can request pardon from the leader of the Islamic Republic through the head of the judiciary.

However, the repentance of the accused of war or any other Shari'ah limits before being arrested by the police officers in such a way that this repentance is confirmed; According to the note below, the same article causes the limitation of moharebeh to drop, and the accused who repented before being arrested (other than revenge) and announced this repentance in some way can no longer be prosecuted for moharebeh.

To make the previous note clearer and more expressive, I will also present an important historical narrative that you have probably heard less.

You must have heard the heartbreaking story of the night bat and the news of his murders that were published in the press in previous years.

He was sentenced by Judge Hamidreza Gudarzi, who is now a lawyer and who wishes to narrate the memories and untold stories of this case for history, for war and corruption on earth, and for revenge.

After the verdict was finalized, the parents of the victims had to pay the difference between the male and female dowries to the killer so that they could avenge him.

But, for not paying the difference, all of them waived the right to retribution during the execution of the sentence, but he was executed on the charge of war and corruption on earth, which is the first charge that is considered one of the government's rights.

So, pay attention that the accusation of moharebeh has priority over the accusation and condemnation of self-retribution.