Volume Five

Execution of Rulings

Book Two

On The Execution Of The Death Sentence, [Religiously Prescribed] Punishments and Retribution Sentences

Article 477:
Every final verdict for the death sentence, religiously stipulated punishments; retribution in-kind sentences, which entail the loss of life or bodily Part, require that the person so sentenced shall be arrested and kept until the execution thereof is consummated in accordance with the Law.


Article 478:
If the Supreme Court rules on rulings for the death sentence, religiously stipulated punishments; retribution in-kind sentences, it shall send copies of such rulings to the General Prosecutor, in order for the latter to present it to the President of the Republic with a comprehensive report on the case, within ten days after receiving the ruling of the Supreme Court, in order to issue the Decree for the approval of the ruling accordingly.


Article 479:
Sentences of death, religiously stipulated punishments or retribution – in-kind shall only be implemented after the approval of the President of the Republic for the sentence accordingly.


Article 480:
The President of the Republic shall issue a decree to execute, religiously stipulated punishments or retribution – in-kind sentences. However, for death sentences, he may issue a decree for the execution of such sentence, for an alternative punishment or for exempting the sentenced defendant. When a decree is issued accordingly, the General Prosecutor shall issue an order, which entails that the President of the Republic has issued a decree and that the required legal procedures thereof have been fulfilled accordingly. With respect to religiously stipulated punishments, where the sentence is for whipping, the President may delegate someone else to issue the decree.


Article 481:
Religiously stipulated sentences or retribution – in-kind that entail the loss of life or any bodily organ shall only be executed after notifying the victim of the crime, his inheritors or the personal right suitor to attend the execution of the sentence.


Article 482:
The relatives of defendants, who are sentenced to retribution in kind, death or severance of bodily organs, as a religiously stipulated punishment, may meet the defendant on the day set for execution of the sentence at a distance away from the site of the execution.


Article 483:
Religiously stipulated sentences or retribution – in-kind that entail the loss of life or any bodily organ shall be executed unless a pardon has been issued by a legally authorized person, based on a written request of the General Prosecutor, which shows that the procedures set forth accordingly have been fulfilled.
The execution of the sentence shall be done inside the penal facility; a hospital or any other place designated accordingly, in the presence of a member of the General Prosecution, the Investigations Clerk, a police officer and the relevant medical doctor. The presence of the victim of the crime, or the latter’s heirs, the plaintiff for personal rights; the sentenced defendant’s lawyer.19 The sentence and the charge, for which the sentence is meted out on the tried defendant, shall be recited in the place, where the sentence shall be executed to be heard by all those present there; the member of the General Prosecution shall write a report on the proceedings, including the statements that were made; the completion of the execution, with the certificate of the relevant attending doctor accordingly.
19 Literally translated as “representative”.


Article 484:
The death sentence, the religiously stipulated punishment or retribution – in-kind punishment, any of which involve the taking of human life or the severing of a bodily organ, shall not be executed on any day of an official holiday and the religious holidays of the sentenced defendant.
The sentences meted out to pregnant women or nursing mother shall be suspended until she has given birth or had ceased breast – feeding after two years; someone else has been found to take care of the child; she shall be imprisoned until such time that the sentence can be carried out accordingly.


Article 485:
The execution of the death sentence shall be by means of severing the head of the sentenced defendant by the sword’s edge at the neck, or shooting with bullets until death, without any mangling or torture.
In the religiously stipulated punishment, the sentence shall be executed in accordance with the stipulations of the verdict or sentence.


Article 486:
The crucifixion sentence shall be carried out by tying up the sentenced defendant after the execution of the latter, whereby the public is to be viewed by the public for a period set forth in the sentence; which shall not exceed three days accordingly.


Article 487:
The sentence of stoning shall be executed until the death of the sentenced defendant and the witnesses shall be called to be present at the execution to initiate the stoning; such stoning shall be witnessed by some of the faithful believers.
Pregnant women or nursing mothers, who are sentenced to stoning, shall be dealt with in the same manner as women, who are sentenced by the death sentence.


Article 488:
The Government shall pay for the cost of the burial of the corpse of those, to whom the death sentence or the sentence of stoning is executed, when the latter does not have any relatives to request that they do this; and if such relatives do request to do this, then they shall be allowed to carry out their request.


Article 489:
The sentence of limb severance, as a religiously stipulated punishment, shall be carried out by a sharp tool on the right hand at the wrist and on the foot at the ankle and severance of limbs in any other manner, than as proscribed herein, may not be meted out.


Article 490:
Sentences of retribution – in-kind, for anything, other than those involving human life, shall only be executed in the cases, where such injury is meted out to one or more Parties; subject to the following conditions:
1. That it can be undertaken without causing any oppression20.
2. That the punishment is similar to the injury caused by the defendant, in terms of manner.
3. That both the injured organ of the plaintiff and the vindicating organ
of the sentenced defendant are equal in health and soundness.
A report of the relevant medical doctor shall be made on the compliance of these conditions accordingly.
20 Or injustice; i.e., to exert a punishment beyond the injury actually inflicted by the sentenced
defendant accordingly.

Article 491:
The sentence for retribution – in-kind, not involving the loss of human life, shall be carried out by the severance of the organ described in the verdict, by means of the appropriate sharp tool, at the joint or boundary where such organ terminates, unless the relevant medical doctor decides the impossibility of such execution, due to the threat that such a sentence poses on the life of the sentenced defendant; all emergency medical service and treatment shall be provided to the sentenced defendant after such execution, to ensure that no further potential complications arise.


Article 492:
The sentence of flogging shall be executed, by a single soft strap, without any knots at its end, with the removal of any heavy clothing on the sentenced defendant, who shall be lashed without being held or bound, either standing or sitting, unless execution is only possible accordingly; such execution shall be in the presence of witnesses. Women shall be whipped sitting, with their clothing on and shall not be held or bound, unless they are unable to bear remaining in a sitting position; the lashing shall proceed from the beginning of the foot until reaching the neck, without going to the head. The sentence shall be more severe on those with a verdict of adultery, provided that the flogger shall lift the whipping hand above his head; that a group of the faithful believers shall be there to witness the execution of the sentence. Flogging shall be undertaken under the supervision of the relevant medical doctor, after the latter has decided that the execution of the sentence will not lead to the death of the sentenced defendant, in which case the flogging shall be suspended.


Article 493:
If a religiously stipulated punishment or a sentence for retribution – in-kind are justifiably suspended for religiously stipulated legitimate reasons, the case shall be represented to the Court that issued the verdict thereof, to decide on the punitive alternative punishment in accordance with the Penal Law.