نوع مقاله : مقاله پژوهشی
نویسندگان
1 استاد دانشکده حقوق دانشگاه کاشان
2 کارشناس ارشد حقوق جزا و جرمشناسی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
“The conflict of evidences proving disputes (litigations or lawsuits)” is an occurrence which comes in to view in both proving criminal offences and civil offences; yet, its happening in proving criminal offences contains damaging (destructive) consequences which it requires more attention to take away. Although with considering the Islamic Penal Code of Iran and principles resolving conflict in Uṣūl al-fiqh science, it is possible to be presented general solutions to stop this mentioned occurrence (solutions such as option (takhiyr), lapse, the primacy or supremacy of law and etc.). But it is the duty of a judge to accord every of these solutions with the different cases of the conflicting evidences of proving disputes (litigations or lawsuits). The method of this research paper is the descriptive-analytic for its issue. Because of the difference (distinction) in the legal system of the Hadd offences in comparison with other offences, it has concentrated on the cases of the conflict of evidences proving crimes which deserve (require) Qisas, Diya and Ta’zir and a proper solution for every case has been determined by the paper. The importance of this research is that the effectiveness of the presented solutions (which has been determined by the Islamic Penal Code of Iran) depends on selecting and implementing every solution appropriate to the conflicting case which has happened. Therefore, it assists a criminal judge to stop this conflicting happening and help him to execute justice better. As the research finding, it should be stated that types of crime, types of proofs and cases of conflict are three important components for choosing an appropriate solution to end conflicts which they are necessary to be regarded by judges to secure (guarantee) justice.
کلیدواژهها [English]
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