نوع مقاله : پژوهشی
نویسندگان
1 دانشجوی دکتری جزا و جرم شناسی، واحد آیت الله آملی، دانشگاه آزاد اسلامی، آمل، ایران
2 استادیار گروه حقوق، واحد تهران، مرکزی، دانشگاه آزاد اسلامی، تهران، ایران
3 حقوق کیفری
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Witness testimony is one of the most important evidences in criminal law. The quality of testifying in person or in person and through modern electronic methods is one of the important issues that is the subject of discussion and opinion. The purpose of this article is to examine the hearing of witness testimony using new methods of proof and its challenges. Based on this, the question of this article can be asked, what is the hearing of witness testimony in new ways and what are its challenges? The current article is descriptive and analytical and has investigated the mentioned question by using the library method. The findings indicate that the testimony of witnesses using modern methods of proof evidence if all conditions are met, including the conditions of a sharia witness, the conditions of testimony, the special conditions of remote testimony, i.e. the verification of the witness's excuse in the judicial authority and also the verification of the correctness of the attribution of testimony to authentic witnesses. has and can be used in criminal proceedings. Article 186 of the Islamic Penal Code approved in 2012 and the provisions of the Criminal Procedure Law approved in 2012, including Note 2 under Article 204 of this law, are the legal basis for hearing the testimony of witnesses using new methods of proof. Hearing the testimony of witnesses using modern methods of evidence has the advantages of speeding up the proceedings, economic value and long-term storage. This method, of course, faces challenges such as conflicts with procedural principles, technical problems, and problems related to electronic reasons.
کلیدواژهها [English]
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