Document Type : Research Article
Authors
1 PhD student in Criminal Law and Criminology at Al-Mustafa Al-Alamiyah Society-Khorasan
2 Assistant Professor, Department of Law, Razavi University of Islamic Sciences, Mashhad, Iran
3 Assistant Professor and Faculty Member, Razavi University of Islamic Sciences - Iran - Razavi Khorasan - Mashhad
Abstract
The advancement of new technologies has led to development in various dimensions of human life, including legal systems; however, the judicial systems of Iran and Afghanistan face serious challenges in accepting new evidence as an independent means of proving a crime. The present study, which uses a comparative-analytical method to examine the legal and judicial challenges of new evidence in the laws of the two countries, seeks to answer the question of what are the most important legal and judicial obstacles to accepting new evidence in the two countries?Therefore, we seek to examine the factors that prevent the promotion of the status of this evidence to an independent reason and degrade it in the level of judicial authority.The findings of this study show that obstacles such as insufficient clarification in laws, weak technical infrastructure, and lack of specialized training for judges exist in both countries.Also, keydifferences in their jurisprudential foundations, such as the rules of Imamiyya jurisprudence in Iran and Hanafi jurisprudence in Afghanistan, have a direct impact on the validity of modern evidence.Therefore, tofully exploit the potential of modern evidence to achieve criminal justice,it seems necessary to review formal laws, develop validation criteria, and provide specialized training for judges
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