The Social Sciences

Year: 2016
Volume: 11
Issue: 23
Page No. 5608 - 5614

Jurisprudence and Legal Principles and Codes of Confession and Testimony Disclamation in Criminal Matters

Authors : Fateme Mohammadi and Ebrahim Seddiqi

Abstract: Confession and testimony are evidence in a trial; each has its own literal and phrasal definition. Confession and testimony are included in civil matters as well as criminal matters. Due to the importance of confession and testimony in law and jurisprudence, disclamation of confession and testimony is also very important. In criminal matters, disclamation of the confession and testimony is not without effect on sentencing; in some cases, disclamation of confession and testimony will also be accepted even without a good reason and the punishment shall be removed from the accused. Disclamation of the confessions and testimonies doubt in sentencing and leads to depunishment. Disclamation of the testimony of has its own rules to accept the disclamation of testimony and eliminate judgement with respect to the stage of the proceedings (before the verdict, the verdict and the sentence, following the issuance and execution, during execution). Most Muslim jurists agree on the effectiveness of testimony disclamation before sentencing in both criminal matters and in civil matters; they accept that it leads to depunishment. There is not an agreement in terms of testimony disclamation in other stages of proceedings. Some consider testimony disclamation in other stages of proceedings effective and a ground for depunishment while others consider testimony disclamation in other stages of proceedings ineffective and not a ground for depunishment. However, review of jurisprudencial and juridical works about confession and testimony in criminal matter is one of the most important issues about confession or testimony. Different instances are imaginable for each case according to stages of the procedure; this article focuses on this issue.

How to cite this article:

Fateme Mohammadi and Ebrahim Seddiqi, 2016. Jurisprudence and Legal Principles and Codes of Confession and Testimony Disclamation in Criminal Matters. The Social Sciences, 11: 5608-5614.

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