Document Type : Original Article
Authors
1
Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran
2
Associate Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran
3
Master's degree, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran
10.48300/jlr.2023.365179.2183
Abstract
Acknowledgment is the nobler of reasons, the nobler of truth discoverers. Confession sometimes takes place 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 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 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.
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