The Impact of Local Examinations and Investigations on the Case of the Judge' Conscious about his Knowledge

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AHANGARAN MOHAMMAD RASOUL; Mohammadi Zadeh Kermani Nejhad Mojtaba

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Journal: Islamic jurisprudence Resaerch Year:2020 | Volume:16 | Issue:2 Page(s): 219-248

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Title

The Impact of Local Examinations and Investigations on the Case of the Judge' Conscious about his Knowledge

Author(s)

AHANGARAN MOHAMMAD RASOUL | Mohammadi Zadeh Kermani Nejhad Mojtaba | Issue Writer Certificate

Keywords

PresumptionQ2

ExaminationQ2

the Knowledge of the JudgeQ2

ReasonQ1

Direct ObservationQ1

Abstract

The effects of each local Examination and investigation on the knowledge of the criminal prosecutor, with regard to the nature and the shape of influence on two substantial and procedural forms is imaginable. However, the legal assumption is based on the "Presumption” of all of the states of issuing the local Examination and investigation under the Article 221 of the Islamic Penal Code. This article aims to prove the case when the prosecutor “ directly observe” the subject of the accusation to prove the assumption of the “ Reason in its specific sense” . It has been concluded that the effect of each procedural and substantial local Examination and investigation on the knowledge of the prosecutor is relevant in spite of the rule “ having a way to criminal Reasons” . In the case when it is against the other Reasons (being horizontal) it is in the "length" of the will of the judge and precedes the other Reasons in their general sense and to prove this argument it brings the section A of the Article 302 in the Code of Criminal Procedure and the Examination of the dead body as witness. The most important effects of knowing the knowledge gained through Direct Observation as “ a Reason in its specific sense” rather than “ to presume” all cases of Examination are the priority of the Reason over Presumption and the definitiveness of the verdict.

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APA: Copy

AHANGARAN, MOHAMMAD RASOUL, & Mohammadi Zadeh Kermani Nejhad, Mojtaba. (2020). The Impact of Local Examinations and Investigations on the Case of the Judge' Conscious about his Knowledge. ISLAMIC JURISPRUDENCE RESEARCH, 16(2 ), 219-248. SID. https://sid.ir/paper/366618/en

Vancouver: Copy

AHANGARAN MOHAMMAD RASOUL, Mohammadi Zadeh Kermani Nejhad Mojtaba. The Impact of Local Examinations and Investigations on the Case of the Judge' Conscious about his Knowledge. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2020;16(2 ):219-248. Available from: https://sid.ir/paper/366618/en

IEEE: Copy

MOHAMMAD RASOUL AHANGARAN, and Mojtaba Mohammadi Zadeh Kermani Nejhad, “The Impact of Local Examinations and Investigations on the Case of the Judge' Conscious about his Knowledge,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 16, no. 2 , pp. 219–248, 2020, [Online]. Available: https://sid.ir/paper/366618/en

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