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.

The accused persons in criminal cases sometimes Retract from their confessions, and therefore legal systems, depending on their origins, have taken different approaches to the validity of such confessions, depending on their principles. Jurisprudential schools do not have the same view on the impact of confession retreat, and this difference in approach has left its effects in the legal systems of countries affected by Islamic law. In the present article, with a descriptive analytical method, while analyzing the jurisprudential view on this issue and its reflection in the legal systems of Muslim countries, the approach of the Islamic Penal Code adopted in 2013 towards this issue based on the principles of Imami jurisprudence has been studied, and It is clear that, on the one hand, opposition to the effectiveness of retraction of confessionin in theft punishable by prescribed punishment, and on the other hand, Determining a specific flogging and discretionary imprisonment for defendants who Retract their confessions in crimes punishable by Hodoud of stoning and Execution in Legislative criminal policy It is not justifiable.

Arsenic, particulary its mineral salts are very toxic and afects most of body organs. Arsenic poisoning cases admitted to the ward of Imam Reza Hospital are usually suicidal patients. Based one prisent, states tics the number of accidental and criminal Arsenic poisoining are seldom.In this report, three patients with criminal arsenic poisoning transferred to the poisoning unit are discussed. One of them who was a 45 your old man deceased right after admission due to the severity of acute As poisoning. The other two, an 8 years old boy and a 16 years old girl were survived after treatment with antidotes (Dimercaprol and Dipenicillamine) and supportive treatments. Following police investgations, the criminal subject was identified and went under trial. Conclusion: Physicians shoud be familiar with diagnosis and treatment of poisonings. The dangerous chemicals and Poisons must be regulated and control by the health authorities.

The Rohingya people are the native inhabitants of Arakan (Rakhine) land in Myanmar, who have faced a series of crimes by the Myanmar army and government. Based on the norms and regulations of international and customary international law and the principles of international criminal law and considering the incidents that occurred against the religious minority group of Rohingya Muslims, the continuous violation of human rights and the occurrence of the crime of genocide by the Myanmar government are a matter of fact. There are numerous examples of deliberate actions, which prove the governmental steps to eliminate the Rohingya group, and deliberate measures, which cause the international responsibility of the Myanmar government. Iran has raised three specific positions regarding the Rohingya Muslim crisis.The major question of the research is to evaluate the occurrence or non-occurrence of violations of international criminal law, the crimes of genocide, and crimes against humanity by the Myanmar army and government against the Muslim minority in Rakhine state.The hypothesis emphasizes the definite occurrence of violations of humanitarian law and international criminal law, especially committing crimes of genocide and crimes against humanity. The purpose of the research is to examine one of the important cases of violation of Muslim rights in today's world, which has not been noticed by international legal societies. It tries to discuss briefly the Iranian positions on the Issue. The analytical-descriptive research method is based on official docs and undeniable facts, especially the documents issued by the International Criminal Court.

AbstractThis paper aims to consider some problems that challenge the criminal investigation of the cases of death in custody. While the complainants want their complaint to be recognized by the criminal justice system, systematic creation of some challenges marginalizes them and finally limit their access to justice in this kind of case. Reversing the truth, victim defamation, the control of the state on media, and arbitrary directing of the related news to the event as well as early comments of authorities before any independent investigation are some examples of the challenges ahead of the criminal investigation of death cases in prison. The paper along with using related sources to the issue of death in custody, by analyzing the content of reports, information and news as well as discourse analyzing of officials in relation to 12 cases of death in custody/prison in Iran, analyze the investigation challenges that concern the victim’s families of death in custody. Data analyzing of 12 cases of Iran show that reversing the truths related to the surrounding condition of the death and adumbrate of the event, makes it difficult to detect the real cause of the death. On the other side, defaming the victim and smearing his/her dignity or his/her family’s, distracts the attention from the misconducts of the prison officials to the failure of the victim him/herself and induces the deservedness of their death. In the same way, lack of liberty for media in reflection of the related news of cases, and bias the dependent media to the political system that generally express the cautious attitudes of the authorities, decrease the transparency of these cases. Finally, the early comments of authorities surrounding the cause of the deaths, challenge the possibility of an independent investigation in reaching to a different result of that comment.

The validity of the sealed order is of fundamental importance in all legal and criminal lawsuits, so that when a lawsuit is raised in the court of law and leads to the issuance of a final verdict, it cannot be re-heard. In other words, in relation to the decisions and actions issued by the courts, one of the main and most important rules that shows the value of a judicial decision is the issue of the validity of the sealed order. The sealed order seeks to declare any issue that has been proved or denied and determined definitively in the lawsuit or the next issue or issue as binding. The sealed criminal matter has an effect on the civil one, and regarding the relationship between the two, the rule of the validity of the criminal sentence is accepted only when its scope is limited. Therefore, proceeding in criminal law are absolute in the form of a type and the decision taken in it, which means that it does not have the relativity of civil proceeding, and once the matter has been dealt with, the matter cannot be dealt with again, even if the person changes. Since the discovery of the truth and the persuasion of the judge's conscience in the criminal matter has its own method, and on the other hand, the legal court issues a decision only based on own way the arguments of the parties and limited to the evidence, the definitive criminal decision is mandatory for the civil court. There must be limits and boundaries in the sealed legal and criminal matter. For achieving this goal, the final decision of the court has been given a special validity, according to which no authority can suspend the sentence or destroy it by issuing an opposite decision. Therefore, the using of sealed criminal and legal order should be function to stipulated conditions.

The principle of Dar’ (درا) as a assurance to protect defendants (the accused) from the imposition of punishment in the circumstances of doubt in their guilts. For the first time in the Islamic penal code (1392) in the formation of the canon and comprehensive has been noted. It is possible to be stablished the doubt of Dar’ in the process of the judicial proceeding by the magistrate whether he privately has doubt about the defendant’ s guilt or a the defendant’ s claim creates doubt. The Islamic penal code of Iran has not a parallel about the sufficiency of such claims and minds approach for the abolition of the punishment. Sometimes the Islamic penal code accepts the merely claim and sometimes it stipulates the possibility of the rightness without presenting criterion for it. In this paper with analytic-descriptive method, the sources of Shi'a-Imamiyyah jurisprudence have been investigated. The consequence of this research shows that the inclusion of this maxim requires to assume the possibility of the doubt related to the accused person. And according to the objective standard based on usual (customary) persons’ judgment such possibility is logical. A strong possibility is not necessary. Therefore, the apparent contradictions of the regulations which are originated from some negligence in the process of the legislation should be interpreted with considering the precedent and specially the Islamic jurisprudential bases in the aforementioned frame work.

Duress and necessity have always been considered as a defence in criminal liabilities. Due to different practical legal effects, it seems inevitable to recognize their distinction. As there is in some way uncertainty about the individual inclusion of these two conceptions, it seems effective to apply some rules. Occasionally a rule does not work in the determination of cases and one has to resort to one principle. In this article we attempt to investigate concepts like; zarurat "necessity" and ezterar compulsion" practical effects of discussion and applicable criteria such as danger, threat, existence of third party, determination or selection of act and enforcement of threat by the threatening. Then, we explain how and when one should resort to the original principle, if the hesitation is still present. Meanwhile, this article addresses the western concept of "situational duress" which is established to deal with these sorts of dubious cases.

If a party to a criminal case confesses to a matter outside the presence of a judge and the witnesses testify to the confession, the evidentiary value of such testimony may be challenged. In Islamic jurisprudence, with exception of the Hanafi, others have mainly commented on the validity of the non-judicial confession testified by the witnesses, a position that has also been accepted in most of the penal systems of Muslim countries, Article 218 of Islamic Penal Code stipulates that confession to a judge is required only for Hodoud, but Article 119 of Code of Criminal Procedure extends this rule to absolute litigation. In the present study, with a descriptive analytical method, the jurisprudential principles of the subject have been explored and it is clear that such a condition has not been supported by strong reasons and the result of Applicability the rule of confession and Rationalist's fixed Way is the validity of the confession which is proved by the testimony of witnesses. the narrations which contain the condition of confession "in the presence of the Imam" also contain mainly defects which distort their validity. In addition, the possibility that the said condition is related to the proof of hadd in the presence of the Infallible Imam or that it can be carried on taqiyyah is not ruled out.