The Principle Of Gain Of Proof At Iran and England's Criminal Procedure.
Subject Areas :
mohammad amin farid
1
(
Department Of Law,Urmia Branch,Islamic Azad Universiity,Urmia,Iran
)
ali amirzadeh khyiabani
2
(
Department Of Law,Urmia Branch,Islamic Azad Universiity,Urmia,Iran
)
Keywords: oath, witness, confession, gaining criminal reason, gaining legitimate reason,
Abstract :
Among the reasons that are documented for guilt proof in Iran and England, are legitimately-gained reasons. Both justice systems avoid illegitimately-gained reasons and regard documenting to those reasons in justice system as lacking legal basis. So, reasons gained on the basis of scientific and intellectual principles are among the reasons trusted in the two justice systems. Moreover, these reasons are considered as reasons that, with regard to their gaining process , less speculation is observed in them. On the other hand, in Iranian justice system, judge can judge according to strong evidence. Although judge ̓s knowledge in Iranian justice system is regarded as proving reasons, in private law it is not regarded as proving reasons. Unless it is placed in standard evidences and circumstantial evidences. However, this knowledge can be considered as one of the legitimate reasons. The writer in this paper wants to analyze the legitimation of proof gain in two legal systems, express present challenges in globalization process of criminal law and to confirm fair judgment.
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