جستجوی مقالات مرتبط با کلیدواژه « knowledge of the judge » در نشریات گروه « علوم سیاسی »

One of the main and key aspects of governance in the political system is the position of judge. Judgment is the most obvious position that is very important from a legal, jurisprudential and social point of view and has many challenges in the governmental organization. It is important because it shows the commitment to the law and the seriousness in doing so in protecting all human rights. In any government, the judge and the judiciary and fair judgment have a high status and great importance. The judge is the executor of the law and the guardian of justice. Judgment is an important matter that among its various subjects, the issue of independence and attributes such as knowledge and being a mujtahid is important and valuable, because the existence of these conditions is the prelude to the realization of justice. For many, the question may arise as to whether the judge should be independent or not and whether the judge's knowledge should be at the level of ijtihad or not. And what are the evidences and principles that distinguish an independent judge and a mujtahid? According to the questions raised, the present study, which has been conducted by the method of documentary and library study, with the aim of jurisprudential and legal study of the independence, science and ijtihad of judges seeks to answer these questions.

Along with the development and expansion of the field of criminal law studies in Iran, the legislator, by recognizing the establishment of the jurisprudential-legal "science of the judge" in the field of proving crimes, has created opportunities for courts to be able to use technical reasons as well as technological reasons. , To implement criminal justice in cases related to sexual offenses subject to hadd. Therefore, despite the apparent confinement of evidence in criminal cases in Article 160 of the Islamic Penal Code adopted in 1392, in the presence of evidence based on the knowledge of the judge, we can speak of an unlimited set of evidence and technical and technological emirates that lead to jurisprudence. . The present study, while examining the legal status of technical and technological evidences and their probative power in sexual crimes subject to hadd, has explained the evidences in question as one of the methods of obtaining judicial knowledge in the legislative-judicial criminal policy of Iran. One of the results of the present study is that resorting to the aforementioned evidence in the limits, not only does not contradict the sharia and legal standards, but also causes the system of evidence to be updated and dynamic and will lead to a better and more worthy realization of criminal justice. Construction.