Volume 14, Issue 2 (2010)
CLR 2010, 14(2): 57-78 |
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Tadayyon A. Assessment of Penal Proof in Iranian and French Procedure Systems. CLR 2010; 14 (2) :57-78
URL: http://clr.modares.ac.ir/article-20-11940-en.html
URL: http://clr.modares.ac.ir/article-20-11940-en.html
Islamic Azad University, Tehran, Iran
Abstract: (11535 Views)
Criminal law history shows that penal evidence system has gone under drastic and frequent changes. In the ancient law and the ancient European accusative procedure system, use of ordeal evidence was normal for crime proving and this evidence had judicial validity and value and resort to it had been accepted for crime proving. Rome Empire and Middle Century European law/authorities progressively attended to legal evidence and in the French revolution, the way of the judge conscientious convincing become alternative of legal evidence system that nowadays it emerges in criminal procedure code of this country too. Iranian legislator accepted the moral proof system in 1290 but combined the penal procedure code with the legal proof system.
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Keywords: Key words: Judge Conscientious Convincing, Moral Evidence, Legal Evidence, Knowledge of the Judge, Penal Procedure
Received: 2009/09/14 | Accepted: 2010/03/11 | Published: 2010/06/22
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