نوع مقاله : مقاله پژوهشی
نویسندگان
1 کارشناسی ارشد جزا و جرم شناسی، دانشگاه آزاد،گنبد، ایران
2 استادیار گروه حقوق جزا و جرم شناسی دانشگاه آزاد اسلامی، واحد گنبد، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Proving sexual crimes in judicial courts is so important that it is emphasized by the Holy Sharia and in the Seerah of the Infallibles (AS) different methods are used to prove the crime.
However, the holy law, in addition to the penal view, has also adopted an educational view and in proving the crimes, it has thought of measures so that, while the rights of the victims are fulfilled, the reputation of the people is also damaged in crimes that often have the rights of God over the rights of people. Don't think that this comprehensive view has caused the proof of sexual crimes, withchallenges will be faced, because this Islamic raft will provide a suitable platform for criminals.Confession, testimony and knowledge of the judge are among the most important evidences to prove sexual crimes, which lose their effectiveness in proving sexual crimes due to facing the challenges of Sadr al-Ashara; Because the restrictions that are added when using these two reasons to prove the crime, reduce their proof power and cause the rights of the victims to be violated.
Therefore, in this research, firstly, the challenges in the stage of proving sexual crimes were examined and explained, and then, the feasibility of citing scientific evidence from the point of view of jurisprudence was analyzed and the examples of citing scientific evidence in the life of the Innocents (PBUH) were analyzed. A seal of approval on the need to cite scientific evidence in the context of other traditional proofsIt was checked.
کلیدواژهها [English]
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