Volume 15 - Legal Innovation
MLJ 2021, 15 - Legal Innovation: 979-991 |
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Parsa H, Rohami M, Naji Zavareh M. The Realm of Probative Value of Proving Testimony in Iranian Criminal Law. MLJ 2021; 15 :979-991
URL: http://ijmedicallaw.ir/article-1-1497-en.html
URL: http://ijmedicallaw.ir/article-1-1497-en.html
1- Department of Criminal Law and Criminology, Central Tehran Branch, Islamic Azad University, Tehran, Iran
Abstract:
Background and Aim: Witness of testimony is one of the proofs of litigation that consistently has been used in human history, and in criminal issues is known as the main method of proving litigation. The purpose of this study.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: This reason is divided into sharia and non-sharia testimony in the Islamic Penal Code and sharia testimony is about sharia crimes in which testimony have subjectivism and the witness must have special conditions.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: In addition to the fact that the witness must have special conditions in order for his testimony to have a positive value, the content of the testimony itself must be in terms of quality in such a way that its nature can be understood and the judge can reach a conscience. Developments in Iranian criminal law in the field of method or subjectivity of evidence and the allocation of part of the law to the discussion of witness testimony have caused that this religious testimony has no positive value if it is contrary to the judge's knowledge, even in crimes where testimony is relevant.
Cite this article as: Parsa H, Rohami M, Naji Zavareh M. The Realm of Probative Value of Proving Testimony in Iranian Criminal Law. Medical Law Journal 2021; Legal Innovation.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: This reason is divided into sharia and non-sharia testimony in the Islamic Penal Code and sharia testimony is about sharia crimes in which testimony have subjectivism and the witness must have special conditions.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: In addition to the fact that the witness must have special conditions in order for his testimony to have a positive value, the content of the testimony itself must be in terms of quality in such a way that its nature can be understood and the judge can reach a conscience. Developments in Iranian criminal law in the field of method or subjectivity of evidence and the allocation of part of the law to the discussion of witness testimony have caused that this religious testimony has no positive value if it is contrary to the judge's knowledge, even in crimes where testimony is relevant.
Cite this article as: Parsa H, Rohami M, Naji Zavareh M. The Realm of Probative Value of Proving Testimony in Iranian Criminal Law. Medical Law Journal 2021; Legal Innovation.
Type of Study: Original Article |
Received: 2021/08/25 | Accepted: 2022/01/18
Received: 2021/08/25 | Accepted: 2022/01/18
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