Document Type : Original Article
Authors
1
PhD student in Criminal Law and Criminology, Shiraz Branch, Islamic Azad University, Shiraz, Iran
2
Assistant Professor, Department of Criminal Law and Criminology, Shiraz Branch, Islamic Azad University, Shiraz, Iran
3
Assistant Professor of Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran
Abstract
Along with the development and expansion of the field of criminal law studies in Iran, the legislator, by recognizing the establishment of the jurisprudential-legal "science of the judge" in the field of proving crimes, has created opportunities for courts to be able to use technical reasons as well as technological reasons. , To implement criminal justice in cases related to sexual offenses subject to hadd. Therefore, despite the apparent confinement of evidence in criminal cases in Article 160 of the Islamic Penal Code adopted in 1392, in the presence of evidence based on the knowledge of the judge, we can speak of an unlimited set of evidence and technical and technological emirates that lead to jurisprudence. . The present study, while examining the legal status of technical and technological evidences and their probative power in sexual crimes subject to hadd, has explained the evidences in question as one of the methods of obtaining judicial knowledge in the legislative-judicial criminal policy of Iran. One of the results of the present study is that resorting to the aforementioned evidence in the limits, not only does not contradict the sharia and legal standards, but also causes the system of evidence to be updated and dynamic and will lead to a better and more worthy realization of criminal justice. Construction.
Keywords: Technical Evidence, Technological Evidence, Judge Science, Sharia Limits, Criminal Justice, Judicial Procedure.
Keywords
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