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Information Journal Paper

Title

Legislative and Judicial Challenges of Scientific Evidence in Iran’, s Criminal law

Pages

  37-73

Abstract

 One of the most important reasons for proving a crime is the use of Scientific Evidence in detecting and proving crimes and preventing them. There are several challenges to the application of this type of evidence in our criminal law, which by referring to existing texts through descriptive-analytical research and judicial review, legislative challenges and judicial challenges can be considered as the most important of them. It seems that the Subjectivity of Evidence as the most important challenge can overshadow the application of Scientific Evidence. The multiplicity of trustees and regulations in the field of expertise creates fragmentation and dissatisfaction, and the lack of privacy regulations can lead to the abuse of law by defendants and officers. The disregard for Scientific Evidence is partly rooted in the law and the opinions of jurists regarding Scientific Evidence. It must be acknowledged that there are also cases of adjournment of proceedings even when the use of Scientific Evidence is agreed upon, which is due to non-compliance with the rules governing expertise. It seems that the revision of the Islamic Penal Code in order to eliminate the Subjectivity of Evidence, not obliging the judge to issue a verdict based on thematic evidence, the adoption of privacy regulations when using Scientific Evidence, providing experienced manpower and their continuous training, providing sufficient funds and equipping cities to improve the quality of services provided by the Forensic Medicine Organization, Integrating the institutions and regulations governing the process and execution of expertise method, Increasing the monitoring of the performance of experts and their evaluation based on competence and also calculation of wages based on their ranking, can improve the efficiency of Scientific Evidence in Iranian criminal law.

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    • Cite

    APA: Copy

    Moazzenzadegan, Hassan Ali, & Amiri, Saeid. (2022). Legislative and Judicial Challenges of Scientific Evidence in Iran’, s Criminal law. JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH, 10(19 ), 37-73. SID. https://sid.ir/paper/1061899/en

    Vancouver: Copy

    Moazzenzadegan Hassan Ali, Amiri Saeid. Legislative and Judicial Challenges of Scientific Evidence in Iran’, s Criminal law. JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH[Internet]. 2022;10(19 ):37-73. Available from: https://sid.ir/paper/1061899/en

    IEEE: Copy

    Hassan Ali Moazzenzadegan, and Saeid Amiri, “Legislative and Judicial Challenges of Scientific Evidence in Iran’, s Criminal law,” JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH, vol. 10, no. 19 , pp. 37–73, 2022, [Online]. Available: https://sid.ir/paper/1061899/en

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