Investigating judicial assumptions of recorded sound and picture in hearing crimes deserving Hadd

Abstract: One crucial issue in penal cases is evidence to prove a crime. Since it is impossible to prove crime and realize punitive conviction in any penal system, the evidence to prove a crime is certainly fundamental in penal law. Specific evidences are presented in Islamic law and the case law. These evidences include confession, evidence, oath and judge’s knowledge. However, with the advent of technology, new methods such as pictures and video clips taken from the criminals to prove a crime are efficient in discovering the truth and leading judge’s knowledge to the reality and reaching a just decision. The aim of this study has been to investigate judicial assumptions (recorded sound and picture) in hearing the crimes. The methodology is analytical-descriptive and the data are gathered from library resources. The results indicate that though crucially important in discovering and proving the crimes, these evidences alone could not be regarded and reliable for judge’s decree and legally they are considered as assumptions which are provided through an expert opinion and can be regarded as conventional ways for the judge to gain knowledge.

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[Saeed Gohari (2014); Investigating judicial assumptions of recorded sound and picture in hearing crimes deserving Hadd Int. J. of Adv. Res. 2 (6). 0] (ISSN 2320-5407). www.journalijar.com

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