The Recursion from Testimony After the issuing of criminal judgment from the Perspective Imamiyyah jurisprudence and Iranian law
The Islamic Penal Code in the Article 198 provides that If the Recursion is made before the performance of punishments, it is resulted in its unreliability; Although the legislator has been silent about the responsibility of the witness who withdraws his evidence. However, not only the majority of j...
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| Format: | Article |
| Language: | fas |
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Semnan University
2021-02-01
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| Series: | مطالعات فقه و حقوق اسلامی |
| Subjects: | |
| Online Access: | https://feqh.semnan.ac.ir/article_4881_0bdecad48633880423795b3f85788c36.pdf |
| _version_ | 1797296372546797568 |
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| author | Rouhollah Akrami |
| author_facet | Rouhollah Akrami |
| author_sort | Rouhollah Akrami |
| collection | DOAJ |
| description | The Islamic Penal Code in the Article 198 provides that If the Recursion is made before the performance of punishments, it is resulted in its unreliability; Although the legislator has been silent about the responsibility of the witness who withdraws his evidence. However, not only the majority of jurists but also the dominant Fatwā from the Perspective of the legislator says that except of Hudud, the Recursion After the verdict do not cause its annulment.
The issue of the validity of the testimony that in criminal proceedings after the issuing of judgment, the witness withdraws his evidence is the subject of the present study. In addition The responsibility of the witness withdraws his evidence is also discussed.
study of Jurisprudential Documents shows that the Recursion After the issuing of judgment, Even if it is carried out after the execution of the punishment, Both in cases involving prescribed / discretionary punishments and Retaliation / Penal Compensation, do cause the annulment of the verdict which is based on Testimony and thus if condemnation connected with property and the object like Penal Compensation remains as the same, it will be returned to the convicted person, and when restitution is not possible, as well as other injuries both physical and non-physical, The witness is responsible. In proportion to the role that the witness has in proving the Evidence, based to jurisprudential sources The manner of distribution of responsibility has also been specified in different situations. |
| first_indexed | 2024-03-07T22:03:43Z |
| format | Article |
| id | doaj.art-e5015c3ec3314c1fa024803075fbced6 |
| institution | Directory Open Access Journal |
| issn | 2008-7012 2717-0330 |
| language | fas |
| last_indexed | 2024-03-07T22:03:43Z |
| publishDate | 2021-02-01 |
| publisher | Semnan University |
| record_format | Article |
| series | مطالعات فقه و حقوق اسلامی |
| spelling | doaj.art-e5015c3ec3314c1fa024803075fbced62024-02-23T23:20:05ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302021-02-011223356610.22075/feqh.2020.19362.22854881The Recursion from Testimony After the issuing of criminal judgment from the Perspective Imamiyyah jurisprudence and Iranian lawRouhollah Akrami0Department of Criminal Law and Criminology, Faculty of Law, University of Qom, Qom, iranThe Islamic Penal Code in the Article 198 provides that If the Recursion is made before the performance of punishments, it is resulted in its unreliability; Although the legislator has been silent about the responsibility of the witness who withdraws his evidence. However, not only the majority of jurists but also the dominant Fatwā from the Perspective of the legislator says that except of Hudud, the Recursion After the verdict do not cause its annulment. The issue of the validity of the testimony that in criminal proceedings after the issuing of judgment, the witness withdraws his evidence is the subject of the present study. In addition The responsibility of the witness withdraws his evidence is also discussed. study of Jurisprudential Documents shows that the Recursion After the issuing of judgment, Even if it is carried out after the execution of the punishment, Both in cases involving prescribed / discretionary punishments and Retaliation / Penal Compensation, do cause the annulment of the verdict which is based on Testimony and thus if condemnation connected with property and the object like Penal Compensation remains as the same, it will be returned to the convicted person, and when restitution is not possible, as well as other injuries both physical and non-physical, The witness is responsible. In proportion to the role that the witness has in proving the Evidence, based to jurisprudential sources The manner of distribution of responsibility has also been specified in different situations.https://feqh.semnan.ac.ir/article_4881_0bdecad48633880423795b3f85788c36.pdftestimonyrecursion of a witnessperjuryresponsibility of the witnessviolation of judgment |
| spellingShingle | Rouhollah Akrami The Recursion from Testimony After the issuing of criminal judgment from the Perspective Imamiyyah jurisprudence and Iranian law مطالعات فقه و حقوق اسلامی testimony recursion of a witness perjury responsibility of the witness violation of judgment |
| title | The Recursion from Testimony After the issuing of criminal judgment from the Perspective Imamiyyah jurisprudence and Iranian law |
| title_full | The Recursion from Testimony After the issuing of criminal judgment from the Perspective Imamiyyah jurisprudence and Iranian law |
| title_fullStr | The Recursion from Testimony After the issuing of criminal judgment from the Perspective Imamiyyah jurisprudence and Iranian law |
| title_full_unstemmed | The Recursion from Testimony After the issuing of criminal judgment from the Perspective Imamiyyah jurisprudence and Iranian law |
| title_short | The Recursion from Testimony After the issuing of criminal judgment from the Perspective Imamiyyah jurisprudence and Iranian law |
| title_sort | recursion from testimony after the issuing of criminal judgment from the perspective imamiyyah jurisprudence and iranian law |
| topic | testimony recursion of a witness perjury responsibility of the witness violation of judgment |
| url | https://feqh.semnan.ac.ir/article_4881_0bdecad48633880423795b3f85788c36.pdf |
| work_keys_str_mv | AT rouhollahakrami therecursionfromtestimonyaftertheissuingofcriminaljudgmentfromtheperspectiveimamiyyahjurisprudenceandiranianlaw AT rouhollahakrami recursionfromtestimonyaftertheissuingofcriminaljudgmentfromtheperspectiveimamiyyahjurisprudenceandiranianlaw |