Assistant Professor, Department of Law ,Shahre Qods Branch, Islamic Azad University, Tehran, Iran.
10.22034/jccj.2023.408236.1320
Abstract
In Article 188 of the Islamic Penal Code of 2012, the possibility of indirect witnessing is accepted; In this way, the witnessing of someone who was not a direct witness, but was informed about that event, is admissible in criminal matters subject to certain conditions. In this research, we aim to evaluate the terms and conditions of such testimony as a part of criminal evidence. The opinions of jurists and the views of different religions are also analyzed in a comparative manner. Many jurists in the five religions have accepted vicarious testimony under certain conditions. The research method in this article is descriptive and analytical and was done with library tools. The result of the research indicates that some jurists have considered more necessary conditions to give validity to vicarious testimony; Although the legal article in question is in conflict with some jurisprudential theories, in general, it has taken into account the requirements of time and place, and it has been built according to the views of famous jurists.
Asqari,Z. (2022). The Vicarious Witness in Jurisprudence and Legal System with Emphasis on Article 188 of the Islamic Penal Code. Comparative Criminal Jurisprudence, 1(5), 13-25. doi: 10.22034/jccj.2023.408236.1320
MLA
Asqari,Z. . "The Vicarious Witness in Jurisprudence and Legal System with Emphasis on Article 188 of the Islamic Penal Code", Comparative Criminal Jurisprudence, 1, 5, 2022, 13-25. doi: 10.22034/jccj.2023.408236.1320
HARVARD
Asqari Z. (2022). 'The Vicarious Witness in Jurisprudence and Legal System with Emphasis on Article 188 of the Islamic Penal Code', Comparative Criminal Jurisprudence, 1(5), pp. 13-25. doi: 10.22034/jccj.2023.408236.1320
CHICAGO
Z. Asqari, "The Vicarious Witness in Jurisprudence and Legal System with Emphasis on Article 188 of the Islamic Penal Code," Comparative Criminal Jurisprudence, 1 5 (2022): 13-25, doi: 10.22034/jccj.2023.408236.1320
VANCOUVER
Asqari Z. The Vicarious Witness in Jurisprudence and Legal System with Emphasis on Article 188 of the Islamic Penal Code. JCCJ, 2022; 1(5): 13-25. doi: 10.22034/jccj.2023.408236.1320
