REWI Uni Graz: In Iran, the death penalty is used to punish various acts in violation of the law. What are they?
Mojtaba Ghasemi: Well, I am not a criminal lawyer indeed. To the best of my knowledge, right now, first-degree murder, rape, adultery (its conviction based on procedural rules is almost impossible), financial crimes that vastly disturb the national economic system (this occurs hardly ever), and violent armed robbery might be punished with the death penalty.
Do you have numbers how many death penalties there are enforced in Iran per year? What violation of the law is it used for most?
Regarding that there is no official data, it is impossible to answer this question thoroughly. Right now, I guess most of the capital punishments are for first-degree murder, rape, and armed robbery. However, before (a couple of years ago) it was mostly for smuggling huge amounts of drugs.
One such violation is, as you mentioned, murder. Is it true that the victim’s family plays a central role in prosecuting and punishing the murderer?
Yes, it is. Indeed, in the case of conviction for first-degree murder, it is the victim's family that decides to impose the punishment (which is the death penalty) or to forgive the murderer. But prosecution is under the public authority, and the general attorney prosecutes any murder.
If the family forgives the murderer, and maybe also receives “blood money”, will the murderer be acquitted by the court and, thus, not be punished by the state?
In the case of forgiveness (whether by receiving the blood money or not receiving it), the state will still punish the murderer with 3-10 years imprisonment, which depends on the case and is determined by a panel of judges. In practice, this is the public share in punishing the murderer.
What are your thoughts on this punishment partnership between private actors and public actors?
I think this public-private partnership in the criminal justice system can bring society a higher level of efficiency in terms of the lower social costs of murder. One of the main elements of this social cost is the imposed punishment on convicted murderers (long-term imprisonment in most criminal justice systems worldwide). Indeed, forgiveness can reduce this element remarkably. And, from a distributional point of view, the victim's family members, who have considerably been harmed more than other members of the society, will be compensated both financially (due to blood money if they ask) and emotionally through the dialogue between them, the murderer and his/her family, and other members of the society as mediators. This process seems to have some features of restorative justice too. From psychological literature, we know that forgiving somebody makes people calmer, and this forgiveness can help the victim's family pass this trauma easier. So, this new partnership in the criminal justice system puts the victim's family as the most important victim of the crime at the center of attention instead of considering them just bystanders like other members of society. In conclusion, as far as forgiveness does not have perverse effects on deterrence, I think this partnership would simultaneously improve efficiency and distribution in the criminal justice systems. From a criminal policy-making perspective, I think there should be more room for forgiveness in the case of minor and even severe crimes.
Your research at REWI Uni Graz focuses on this interplay of private forgiveness and punishment by the state from a comparative point of view. Did you get new insights during your fellowship stay so far?
My research tends to investigate the public-private partnership in the criminal justice system (the case of murder) from an economic point of view, including allocative and distributive features. I've been discussing my topic with some of my colleagues (both professors and Ph.D. candidates) here, and I got good feedback on my research. Considering that there is no such institution in western legal systems for murder, which is a kind of property right for stakeholders, this seems they all found my topic intriguing and equally strange.
Your home institution is the Faculty of Law of the Shahid Beheshti University in Tehran. Have you come across differences between Iranian universities and Austrian universities / or university education here and there?
Yes, I am currently a faculty member of the Faculty of Law at Shahid Beheshti University, one of the largest and most prestigious Law Schools nationwide. We also got very talented faculty members and students at undergraduate and graduate levels in our school. In addition to a BA in law, we have 10 MA programs and 6 Ph.D. programs for different subjects in law. Being here in one of the largest and most prestigious law schools in Austria is a fabulous experience. I am happy to find this great opportunity to follow my research here. I have not been involved in education here and cannot have any comparison. But for doing research, I think there are many more academic connections with other institutes around the globe here relative to my home institute, which is a great advantage. I like the academic atmosphere and especially your library's enormous access to electronic and non-electronic scientific sources. Unfortunately, in my homeland, due to sanctions, it is not that easy to pay for journals subscription, which has deprived Iranian scholars of benefiting from the results of new academic research. Or, due to the considerable depreciation of the Iranian currency, it is very costly to attend events such as international conferences and workshops that are relatively more feasible in Austria.
What is your impression of Austria and Graz?
Well, this is my first time in Austria. Although I used to study in Italy and Germany from 2010 to 2015, unfortunately, I could not find an opportunity to visit Austria then. Austria is a lovely country and Graz is simply great for living and studying. The weather is astonishing in the spring here, and I found perfect opportunities to walk a little more these days. I truly enjoy the city and its lovely mix of history and nature. I hope we can have more academic exchanges and collaborations in the future between your faculty and mine.