Document Type : Scientific Research
Authors
Abstract
One of the main characteristics of investigative judgment system is the judge freedom in the evaluation of evidence. This characteristic is a separation criterion between judgment system and accusatory system and it is a trust that legislators see the access to judgment aim in it. For this reason this procedure is developing rapidly in the countries and also in Iran.
This adoption which has been accepted as a principle , creates this possibility for the judge to investigate and survey the evidence in order to achieve truth and conscience continence. The first step: the general concept of evaluation namely the efficient evidence is applied to all evidence without consideration for the type of evidence system. In other word, the common aspect among all systems is reason evidence. The second step: is the evaluation of evidence weight that it does not refer to the subject of research.
This principle is located on the base of trust in judge in order to achieve truth and it does not mean remissness that the judge can use his desires and his instincts in judgment. In better words, this does not mean the independence of judge, rather beside freedom he is bound to observe intellectual principles and intellectual basis and he should responsible for it. In this article we engaged in these cases and rely on Iran law.
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