Admissible evidence in criminal proceedings under Iranian law

Admissible evidence in criminal proceedings under Iranian law

In this article, we will delve into the topic of admissible evidence in criminal litigation. When it comes to establishing the validity of a crime in a criminal case, it is essential to present compelling evidence that supports the occurrence of the alleged incident. In the context of Iran’s legal system, as outlined in the Islamic Penal Code, there are specific forms of evidence that are considered acceptable and can be presented in criminal courts.

Understanding the concept of evidence and its significance is crucial for successfully proving a case in a court of law. Evidence encompasses any information or material that can be utilized to support or challenge a claim made by either party involved in a criminal proceeding.

 

The definition of evidence in criminal proceedings under Iranian law

In the Islamic Penal Code, there is no specific definition provided for admissible evidence and the issue of acceptability of the evidence has been referred to the rules of the Civil Procedure Code of Iran. However, there are some specific subjects such as retribution, and blood money that their admissible pieces of evidence are specifically regulated under the title of evidence to prove a crime.

As a result, Article 160 of the Islamic Penal Code outlines the evidence for proving the perpetration of an offense constitutes; confession, testimony, compurgation, and oath in the instances prescribed by the code, and the judge’s personal prescription which shall be relied on the actual circumstances of a case.

 

Admissible evidence presented in criminal proceedings in Iran

In criminal cases, various forms of evidence are presented to establish the guilt or innocence of the accused. These pieces of evidence include confessions, testimonies, compurgation, oath, and the knowledge and personal prescription of a judge.

 

A. Confession as admissible evidence in criminal proceedings in Iran

Confession can be defined as an individual’s voluntary admission of committing a crime. According to Article 164 of the Islamic Penal Code, confession is considered an individual’s self-incriminating statement regarding their involvement in a criminal act.

In terms of evidentiary value, confession holds significant weight and is given high authority within the legal system. Article 171 of the Islamic Penal Code further emphasizes the importance of confession by stating that when an accused person confesses to committing a crime, their confession is deemed valid and other forms of evidence are not required to establish guilt.

However, this is subject to the condition that the confession does not contradict any provisions outlined in the law. In such cases, the court will thoroughly examine the evidence and circumstances surrounding the confession to determine its validity.

According to Article 168 of the Islamic Penal Code, a confession is considered valid for admission if certain conditions are met. These conditions include the individual making the confession being of sound mind, having reached the appropriate age of maturity, possessing the necessary competence, and being independent at the time of making the confession.

 

B. Testimony as a piece of admissible evidence in criminal proceedings in Iran

In Article 174 of the Islamic Penal Code, the concept of testimony is defined as personal information provided by individuals who are not directly involved in a lawsuit, regarding the occurrence or non-occurrence of a crime committed by the accused or any other relevant matter before the judicial authority.

This definition emphasizes that testimony should come from individuals who possess qualities such as wisdom, maturity, faith in Islam, and fairness. Additionally, it is crucial that witnesses do not hold any enmity towards the parties involved in the case.

According to Article 712 of the Islamic Penal Code, the testimony of a vagrant and beggar is not acceptable.

 

C. Oath as a piece of admissible evidence in criminal proceedings in Iran

According to Article 160 of the Islamic Penal Code, an oath can be used as one of the means to establish the commission of a crime. However, it is important to note that an oath alone cannot serve as proof for all types of crimes. The use of oaths as evidence is subject to certain limitations, and they cannot be relied upon to establish fixed corporal punishments (Hodud) and discretionary punishments (Tazirat). (For more information, you can click Mitigation of Punishments)

In criminal lawsuits, both the plaintiff and the private claimant are required to take an oath. However, it is important to note that the oath alone is not sufficient evidence to support the lawsuit. According to Article 208, the oath cannot be used as a means to negate or prove fixed corporal punishments (Hodud) and discretionary punishments (Tazirat). In other words, the oath cannot be used as conclusive evidence in cases involving severe punishments.

On the other hand, when it comes to cases involving Qisas (retribution), Diyeh (blood money), Arsh (compensation for bodily harm), and damages and losses caused by crimes, the oath can be used as evidence in accordance with the provisions of the law. This means that in such cases, the oath can play a role in proving the claims made by the plaintiff or private claimant.

The concept of “Terms of the oath” refers to the conditions or requirements that need to be fulfilled in order for an oath to be valid and binding. These terms encompass various aspects such as intellect, puberty, presence of intention, authority, and explicit expression.

 

D. Sworn testimony or compurgation (Qassameh) as a piece of admissible evidence in criminal proceedings

In Article 313 of the Islamic Penal Code, the concept of sworn testimony is defined. According to this definition, a sworn testimony constitutes the oath that, in the absence of other proofs, save compurgation by a denying defendant and existence of reasonable suspicion, the complainant takes in order to establish a commission of a premeditated or unpremeditated felony or elements thereof, and an accused person takes in order to discharge himself/herself.

 

E. Judge’s personal prescription as admissible evidence in criminal proceedings

There are various types of knowledge that judges acquire and utilize in their decision-making process:

1. Acquiring Science Based knowledge: This type of knowledge is obtained through the application of scientific methods and reasoning. It relies on evidence and facts to arrive at a conclusion. Judges use this type of knowledge by considering expert theories, local research, reports from bailiffs, and other forms of evidence. By relying on scientific principles, judges aim to make informed and objective decisions based on the available information.
2. Personal Knowledge: Personal knowledge refers to the information that judges gather outside of the case through direct observation and interaction. This includes instances where a judge personally visits the scene of a crime to observe the surroundings and gather firsthand information. By being present at the location, judges can better understand the context and dynamics of the case, which may influence their decision-making process.

In addition to these divisions, judicial knowledge can also be further classified into two categories:

1. Abstract Knowledge: Abstract knowledge refers to situations where there is incomplete information or doubts surrounding a particular issue. In such cases, judges may have limited access to evidence or face challenges in obtaining a clear understanding of the matter at hand. This type of knowledge requires judges to carefully evaluate the available information and make decisions based on the best interpretation possible.
2. Detailed Knowledge: On the other hand, detailed knowledge implies a comprehensive understanding of a particular issue without any doubts or uncertainties. Judges with detailed knowledge possess a thorough grasp of all relevant facts, evidence, and legal principles pertaining to the case. This level of knowledge allows judges to make well-informed decisions confidently.

 

 

You can discuss your questions regarding admissible evidence in criminal or civil proceedings in Iran with our lawyers in Iran Best Lawyer.