Validation of the Evidentiary Power of the Confessions Presented in the Prosecution
Confession is the nobler of reasons, the nobler of truth discoverers. Confession sometimes occurs before the judge in court and sometimes outside the court. The former is referred to as judicial confession and the latter as non-judicial confession. Regarding the basis of criminal sentences based on...
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Shahr-e- Danesh Research And Study Institute of Law
2024-09-01
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| Series: | پژوهشهای حقوقی |
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| Online Access: | https://jlr.sdil.ac.ir/article_171564_67d69914cf1b6cc5118092fe74f614e4.pdf |
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| _version_ | 1832591609466716160 |
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| author | Seyyed Mohammad Mehdi Sadati Fazlollah Foroughi Amin , Jalili |
| author_facet | Seyyed Mohammad Mehdi Sadati Fazlollah Foroughi Amin , Jalili |
| author_sort | Seyyed Mohammad Mehdi Sadati |
| collection | DOAJ |
| description | Confession is the nobler of reasons, the nobler of truth discoverers. Confession sometimes occurs before the judge in court and sometimes outside the court. The former is referred to as judicial confession and the latter as non-judicial confession. Regarding the basis of criminal sentences based on non-judicial confessions, when the confession is the only documentary evidence of the case, according to Note 2 of Article 119 of the Criminal Procedure Code and Note 2 of Article 218 of the Islamic Penal Code approved in 2013, the non-judicial confessions are not competent to prove in the case He knows the "reason". It seems that the criminal legislator, relying on evidence such as the narrations that tell about the necessity of confession before the judge, the lack of the place and audience for confession, i.e. the lack of the institution of the prosecution in the judicial cycle of the Islamic judicial system, the institutionalized caution in the criminal policy of Islam in proving crimes, has inclined to the conclusion that To demote non-judicial evidence from "reason" to "judicial evidence". In the meantime, while rejecting the, there should not be any obstacle to the possibility of the evidence presented in the prosecution as "evidence", unless the criminal law with The attention of gratitude and caution institutionalized in the criminal policy of Islam in proving crimes should decide the slips of guilty people, and accepting this decision also requires not violating the rights of people in the crimes of human rights. |
| format | Article |
| id | doaj-art-e6ad5ea9356d434ab823f84f014bb85c |
| institution | Kabale University |
| issn | 1682-9220 2717-0020 |
| language | English |
| publishDate | 2024-09-01 |
| publisher | Shahr-e- Danesh Research And Study Institute of Law |
| record_format | Article |
| series | پژوهشهای حقوقی |
| spelling | doaj-art-e6ad5ea9356d434ab823f84f014bb85c2025-01-22T10:12:32ZengShahr-e- Danesh Research And Study Institute of Lawپژوهشهای حقوقی1682-92202717-00202024-09-01235945347810.48300/jlr.2023.365179.2183171564Validation of the Evidentiary Power of the Confessions Presented in the ProsecutionSeyyed Mohammad Mehdi Sadati0Fazlollah Foroughi1Amin , Jalili2Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran.Associate Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran.M.A in Criminal Law and Criminology, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran.Confession is the nobler of reasons, the nobler of truth discoverers. Confession sometimes occurs before the judge in court and sometimes outside the court. The former is referred to as judicial confession and the latter as non-judicial confession. Regarding the basis of criminal sentences based on non-judicial confessions, when the confession is the only documentary evidence of the case, according to Note 2 of Article 119 of the Criminal Procedure Code and Note 2 of Article 218 of the Islamic Penal Code approved in 2013, the non-judicial confessions are not competent to prove in the case He knows the "reason". It seems that the criminal legislator, relying on evidence such as the narrations that tell about the necessity of confession before the judge, the lack of the place and audience for confession, i.e. the lack of the institution of the prosecution in the judicial cycle of the Islamic judicial system, the institutionalized caution in the criminal policy of Islam in proving crimes, has inclined to the conclusion that To demote non-judicial evidence from "reason" to "judicial evidence". In the meantime, while rejecting the, there should not be any obstacle to the possibility of the evidence presented in the prosecution as "evidence", unless the criminal law with The attention of gratitude and caution institutionalized in the criminal policy of Islam in proving crimes should decide the slips of guilty people, and accepting this decision also requires not violating the rights of people in the crimes of human rights.https://jlr.sdil.ac.ir/article_171564_67d69914cf1b6cc5118092fe74f614e4.pdfconfessionprosecutor's officecourtreasonjudicial decree |
| spellingShingle | Seyyed Mohammad Mehdi Sadati Fazlollah Foroughi Amin , Jalili Validation of the Evidentiary Power of the Confessions Presented in the Prosecution پژوهشهای حقوقی confession prosecutor's office court reason judicial decree |
| title | Validation of the Evidentiary Power of the Confessions Presented in the Prosecution |
| title_full | Validation of the Evidentiary Power of the Confessions Presented in the Prosecution |
| title_fullStr | Validation of the Evidentiary Power of the Confessions Presented in the Prosecution |
| title_full_unstemmed | Validation of the Evidentiary Power of the Confessions Presented in the Prosecution |
| title_short | Validation of the Evidentiary Power of the Confessions Presented in the Prosecution |
| title_sort | validation of the evidentiary power of the confessions presented in the prosecution |
| topic | confession prosecutor's office court reason judicial decree |
| url | https://jlr.sdil.ac.ir/article_171564_67d69914cf1b6cc5118092fe74f614e4.pdf |
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