Iranian Judiciary: Surveillance Limit of Movement for Released Convicts who are under Electronic Monitoring
Nouraei & Mostafavi Law Offices -24 August 2022- Tehran- Iran- The judiciary chief, Mr. Gholamhossein Ezhaei, has determined in a guideline the surveillance limit of movement for released convicts who are under electronic monitoring, according to the Farsi language Official Gazette Gazette reported today.
The Decree Number 9000/33043/100 dated 29.5.1401 (20 August 2022) stipulates: ’’In line with Article 62 of the Law on Islamic Punishment, Articles 553 and 557 of the Penal Procedure Code and Article 9 of the Law of Reduction of Punitive Imprisonment, as well as for adoption of a unified procedure in issuing judgments by the judicial authorities, meeting the aim of the legislature and for greater control over the actions of the convicted and in execution of Article 27 of the ‘’Implementation Regulations of Electronic Surveillance, ’’The Guideline for Determination of the Surveillance Range of the Convicts Set under the Electronic Control System’’ is ratified as follows:
Article 1- The definition of the terms used in this Guideline are as here below:
- A) Grade 1 of the surveillance Range: A place with a clear address in which the surveilled convict dwells and the permitted movement is a maximum 200 meters from the building where he/she resides.
- B) Grade 2 of the surveillance Scope: A place in which the surveilled convict dwells and the permitted movement is a maximum 500 meters from the building where he/she stays.
- C) Grade 3 of the surveillance Scope: A place in which the surveilled convict dwells and the permitted movement is a maximum 500 meters from the building where he/she stays.
Article2- The judicial authorities in taking the decision for putting the convict under the electronic surveillance system, with due consideration of the type and the manner of commission of the crime, precedents, drawbacks, damages plus effects on the injured person and the society as well considering the personality of the individual, family and social status of the persons put under surveillance, should opt for one of the surveillance limits stated in Article 1 of this Guideline so that the detainees be controlled and surveilled within the determined ranges.
Note- In case the good conduct of the surveilled person during the electronic control period is admitted by the Center for Electronic Surveillance plus the adjudicating official and is also requested by the convict (in compliance with Article 22 of Implementation Regulations of Electronic Surveillance) the expansion of the surveillance limits respecting Grades 2 and 3 of Article 1 of the present Guideline will be possible upon the decision of the court which has issued the final judgment.
Article 3- For the convicts sentenced to Grades Two, Three and Four and in accordance with the supplemented Note 2 of Article 62 of the Islamic Penal Code and have passed one fourth of their term of imprisonment, and if the convict enjoys other legal conditions, the court shall determine the surveillance limits of Grade 1 of Article 1 of this Guideline for the convict.
Article 4- Supervision over the good implementation of this Guideline, as the case may be, shall be the responsibility of the related judicial authorities and the Organization of Prisons and Security and the Educational Measures of the Country.
This Guideline in 4 Articles and one Note, after approval of the Council subject of Article 27 of the ‘’Implementation Regulations of Electronic Surveillance’’, was confirmed by the head of the Judiciary and shall be binding from the date of service.
Head of the Judiciary- Golamhossein Ezhaei
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