Admissible evidence in civil proceedings under Iranian law
In this article, we will explore the admissible evidence in civil proceedings. To establish the validity of a lawsuit in civil cases, it is necessary to present compelling evidence that supports the occurrence of the alleged incident. In this regard, Iran’s legal system, as outlined in the Civil Procedure Code, has defined acceptable forms of evidence that can be presented in civil courts.
To successfully prove a case in a court of law, it is crucial to understand the concept of evidence and its significance. Evidence refers to any information or material that can be used to support or refute a claim made by either party involved in a legal dispute.
The definition of evidence in civil proceedings under Iranian law
The individual making the claim must present compelling evidence and justifications to substantiate their position in order to prove any claim, whether in criminal or civil proceedings.
In Article 144 of the Civil Procedure Code, the concept of evidence is defined as the basis on which litigants rely to substantiate or defend a lawsuit. This means that evidence serves as the supporting reason or argument that is presented in order to establish or protect a legal claim. According to Article 1257 of the Civil Code of Iran, it is the responsibility of any individual asserting a right to provide proof and evidence for their claim. Similarly, even if the defendant raises an argument that requires substantiation as a defense, it becomes their duty to furnish the necessary evidence.
Admissible evidence in civil proceedings under Iranian law
In civil cases, the process of litigation requires the presentation of evidence to support a claim. According to Article 1258 of the Code of Civil Procedure, there are five types of evidence that can be used to prove a claim.
A. Written documents as admissible evidence in civil proceedings under Iranian law
In civil law, a document serves as one of the various forms of evidence that can be presented to support a lawsuit. The definition of a document, as stated in Article 1284 of the Civil Code of Iran, encompasses any written material that can be referenced in a legal proceeding for either the purpose of defense or prosecution. Thus, any written material that can be utilized to assert rights, initiate legal action, or defend oneself in a lawsuit is considered a document.
It is important to note that documents are categorized into two types: formal, and informal. This refers to any written records, contracts, agreements, or other forms of documentation that can provide factual information relevant to the case. These documents can include emails, letters, invoices, receipts, and any other written communication that supports the claim being made. (For more information in this regard, you can click formal and informal documents in Iranian law)
B. Confession as a piece of admissible evidence in civil proceedings under Iranian law
As stated in Article 1259 of the Civil Code of Iran, a confession occurs when a party involved in the litigation admits to certain facts or actions that are detrimental to their own case. This can be a verbal confession made in court or a written confession provided as evidence.
Essentially, confession occurs when an individual acknowledges a matter and a right that is detrimental to themselves but beneficial to another party. Consequently, confession is recognized as one of the types of evidence used to substantiate a claim in civil law. It is important to note that confession holds significant weight as evidence and is considered superior to other forms of evidence in establishing a claim in civil law. In other words, if a confession exists, there is no need for additional evidence.
C. Witness testimony as a piece of admissible evidence in civil proceedings under Iranian law
Witnesses play a crucial role in litigation by providing firsthand accounts of events or circumstances related to the case. Witness testimony can be given by individuals who have observed or have knowledge about the facts in question.
According to Article 1315 of the Civil Code of Iran, testimony must be based on certainty and not on doubt. This means that in order for testimony to be effective in proving a lawsuit, it must be supported by facts and not by speculation or uncertainty. The purpose of this requirement is to ensure that the evidence presented in court is reliable and trustworthy.
Furthermore, Article 1316 of the Civil Code states that testimony should be consistent with the claim being made. However, if the wording of the testimony is different from the claim but still conveys the same meaning or is even less than what is being claimed, it does not invalidate the testimony. This provision allows for some flexibility in how witnesses express their testimony, as long as the essential content aligns with the claim.
In addition to these requirements, Article 1317 of the Civil Code emphasizes the importance of consistency among witnesses’ testimonies. When multiple witnesses provide similar accounts of an event or situation, it strengthens the authenticity and credibility of their testimonies. This provision recognizes that corroborating testimonies can provide a more accurate representation of the truth.
According to Article 230 of the Civil Procedure Code, the number of witnesses for proof is as follows:
Non-financial claims are proven by the testimony of two men, or four women, or one man and two women. Financial claims are proven by the testimony of two men or one man and two women.
D. Judicial evidence as a piece of admissible evidence in civil proceedings under Iranian law
Judicial evidence refers to any evidence that is officially recognized and accepted by the court. Article 1321 of the Civil Code of Iran, provides a definition of judicial evidence as one of the types of evidence used to prove a lawsuit in civil law. It states that evidence can be either the state of affairs recognized by the law or the judge’s opinion as proof of a matter. The concept of evidence in the legal system is further categorized into two types: legal evidence and judicial evidence.
The term “legal evidence” refers to situations and circumstances that are recognized by the law as proof of a matter. In other words, these are facts or events that have been established and accepted by the legal system as evidence. On the other hand, “judicial evidence” refers to situations and circumstances that are left to the discretion and opinion of the judge. In these cases, the judge has the authority to determine whether certain facts or events can be considered as evidence based on their own judgment and reasoning.
It is important to note that while legal evidence is based on established laws and regulations, judicial evidence relies on the judge’s interpretation and understanding of the case at hand. This allows for flexibility in considering various factors and nuances specific to each individual case. This can include expert opinions, scientific reports, forensic analysis, or any other form of specialized knowledge that is relevant to the case. Judicial evidence is often presented through expert witnesses who are qualified professionals in their respective fields.
E. Sworn statements as a piece of admissible evidence in civil proceedings under Iranian law
In the legal context, an oath or sworn statement serves as a form of evidence to substantiate a claim in civil law. However, its conclusive nature renders it of limited utility. Instead, oaths primarily function as a tool for resolving disputes in cases where the testimony of witnesses and the claimant alone are sufficient to prove the claim, without requiring additional evidence. Oaths are particularly employed when the defendant denies the claim or when specific circumstances outlined by the law necessitate their use. Sworn statements, also known as affidavits or depositions, are written or recorded statements made under oath by individuals with knowledge about the case. These statements are typically obtained outside of court proceedings and can be used as evidence during trial. Sworn statements allow individuals who may not be able to appear in court to provide their account of events or present relevant information.
You can discuss your questions regarding admissible evidence in criminal or civil proceedings in Iran with our lawyers in Iran Best Lawyer.
