Comparison of Crimes Punishable by Death Penalty in Iran and Iraq Penal Code

Death Penalty is the most severe social and legal response to crimes that are against the interests and security of society. This punishment is the end point of a human life. Although the criminal policy of societies, based on the principle of proportionality of crime and punishment, has legislated this punishment, but this attitude is in complete contradiction with other criminal policies, including the effectiveness of punishment and the correctional and educational aspect of punishment for the offender. In Islamic jurisprudence, crimes punishable by death are few and mostly include Qesas and Hadds. Although the basis of legislation in Iran is on Shiite jurisprudence, the Iranian legislator, due to social requirements has acted contrary. The legislator’s current approach is to reduce executions. The Iraqi legal system is more customary, with executions being reduced to some extent in amendments to the country's penal code, including the death penalty, security-related crimes (domestic and international), and terrorist crimes. For this research data collection done by documentary method and by studying valid laws and sources and the obtained information has been analyzed descriptively-analytically.