Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Comparative Study of Virtual Testimony Hearing in the Framework of Electronic Proceedings

Document Type : Original Article

Authors
1 Ph.D Student , Department of Criminal law and Criminology, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran.
2 Assistant Professor, Department of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran. (Corresponding Author)
3 Associate Professor, Department of Criminal Law and Criminology, Ghaemshahr Branch, Islamic Azad University, Ghaemshahr, Iran.
10.22034/jccj.2023.377279.1153
Abstract
Undoubtedly, testimony has a special place as one of the proofs of litigation, but due to the increasing progress of technology and issues related to electronics, electronic proofs such as testimony in cyber space and electronic proceedings have been discussed and investigated. To speed up the judicial process can have positive consequences. One of the important solutions to increase the speed of judicial services is providing services electronically with the minimum possibility of physical presence of citizens and avoiding the delay of proceedings. The purpose of this article is to conduct a comparative study of hearing virtual testimony in electronic proceedings. The findings indicate that in virtual testimony the originality and correctness of its attribution to the witness, as well as the safety and reliability of the means of giving it is important. Considering that the legal document of hearing virtual testimony is foreseen in the current laws, in order to regulate its administrative procedure, the Head of Judiciary issued a directive on how to conduct virtual testimony and the use of available electronic devices in cases where witnesses go to a court other than the competent court hearing the case, but they are unable to appear in the competent court, using the facilities of the court of residence of the witness.
Keywords

Volume 3, Issue 2
Summer 2023
Pages 77-89

  • Receive Date 07 April 2023
  • Revise Date 22 May 2023
  • Accept Date 30 May 2023
  • Publish Date 22 June 2023