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Paper Information

Journal:   PRIVATE LAW STUDIES   WINTER 2014 , Volume 43 , Number 4; Page(s) 57 To 74.
 
Paper: 

CRIMINAL STANDARD OF PROOF IN CRIMINAL PROCEDURE OF IRAN AND ENGLAND

 
 
Author(s):  HEIDARI ELHAM*
 
* SHAHREKORD UNIVERSITY
 
Abstract: 

Standard of proof in criminal case is to access the judge into conviction intime. In fact The criteria for judging and voting, is inner certainty that is obtained for the judge with evaluating evidence set forth in his criminal case. The judge in criminal cases execution two act: Reconstruction of substantial events that happened in the past and law enforcement and passing a judgment. However, reveals more accuracy that between these two steps, there are fundamental steps that have primary importance in the sentencing criminal judgment and this is evaluating of evidence also explained that it is the conscientious convictions. The judge by obtaining new evidence and examination of evidences that is in criminal case reconstruct substantial events that happened in the past, But before the evaluation of evidence and achieve persuasion conscience, will not be able to accommodate events of the material on the legal sentencing. In this article we intend to provide a detailed analysis of the meaning and nature of evaluation of evidence, consciousness convictions and method of achieving to it, with considering standard of proof "beyond all reasonable doubt" standard of proof in criminal cases in the country as common law, differences and similarities two standard of proof to be shown.

 
Keyword(s): PROOF, STANDARD OF PROOF, CONSCIENTIOUS CONVICTIONS, EVALUATING OF EVIDENCE, BEYOND ALL REASONABLE DOUBT
 
References: 
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  Persian Abstract Yearly Visit 56
 
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