The Role of the Judge's Knowledge in Issuing Criminal Sentences in Jurisprudence and the Islamic Penal Code of 2012

Mohammadi, Komeil; Sabahi, Moien

doi:10.22034/ejs.2024.462825.1840

The Role of the Judge's Knowledge in Issuing Criminal Sentences in Jurisprudence and the Islamic Penal Code of 2012

Document Type : research

Authors

Komeil Mohammadi ¹

Moien Sabahi ²

¹ Department of Criminal Law and Criminology, Bam Branch, Islamic Azad University, Kerman, Iran.

² Department of Law, Kerman Branch, Islamic Azad University, Kerman, Iran.

10.22034/ejs.2024.462825.1840

Abstract

Background and Aims: The role of the judge's knowledge is one of the important issues and a place of debate and disagreement. Based on this, the purpose of this article is to examine the role of the judge's knowledge in issuing criminal sentences in jurisprudence and the Islamic Penal Code of 2012.

Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.

Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.

Findings: The findings showed that the majority of Imamiyyah jurists considered the knowledge of the judge as an absolute proof. In the penal law of 2012, the judge's knowledge in criminal matters is accepted as the support and validity of other evidences and as one of the evidences to prove the criminal case. The Islamic Penal Code of 2012 has accepted the system of conscientious persuasion, therefore, the knowledge and persuasion of the judge is the basis and criterion for the validity of the proof of the lawsuit.

Conclusion: In the Islamic Penal Code of 2012, only knowledge derived from evidences with inter-documentation is considered valid, and the judge's personal knowledge is only responsible for the control function of other evidences.

Keywords

judge's knowledge

criminal sentences

persuasion of conscience

evidence of proof

Subjects