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Assessment of Eliminating "Qasameh" as a Method of Homicide Proof
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Nasibeh Sadat Ahmadi1   , Seyed Abbas Jazaeri2  |
1- Ph.D Student, Department of Criminal Law & Criminology, Faculty of Humanity, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran.
2- Assistant Professor, Department of Criminal Law & Criminology, Faculty of Humanity, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran. (Corresponding Author) |
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Abstract: (1334 Views) |
Background and Aim: The aim of this research is to examine and assess the feasibility of eliminating "Qesas" as a method of proving homicide. "Qasameh" is one of the methods of proving homicide in the Islamic Penal Code of Iran. Unlike other methods, "Qasameh" relies on conjecture and suspicion rather than eyewitness testimony based on knowledge and certainty. This has led some legal scholars to consider the feasibility of removing "Qasameh" from the methods of proving homicide. The main research question is whether it is feasible to eliminate "Qasameh" among the methods of proving homicide. The research hypothesis suggests that in today's context, removing "Qasameh" from the methods of proving homicide is possible.
Materials and Methods: This research is a analytical-descriptive research.
Ethical Considerations: All ethical principles have been observed in the writing stages of this research.
Findings: Due to the current societal conditions and the weakening of individuals' religious and ideological beliefs compared to the past, various opinions have emerged. Some believe in the necessity of eliminating "Qasameh" while others consider it a convincing evidence for proving crimes. However, various reasons have been presented in favor of eliminating "Qasameh" as a method of proving homicide. One reason is the lack of certainty in eyewitness testimony. In "Qasameh" eyewitness testimony is based on conjecture and suspicion rather than knowledge and certainty. This increases the likelihood of issuing an erroneous verdict against the accused. Another reason is the violation of justice. "Qasameh" is an unfair method of proving homicide, where the accused, even if innocent, may have to pay the penalty for homicide and may face animosity and revenge, leading to further complications. The final reason is the lack of proportionality with contemporary social and cultural conditions. "Qasameh" is a traditional method of proving homicide that is incompatible with the current social and cultural conditions in Iran. Considering the mentioned reasons, the feasibility assessment of eliminating "Qasameh" as a method of proving homicide is a subject worth investigating.
Conclusion: Removing "Qasameh" could enhance certainty in criminal judgments, ensure justice, and align with the current social and cultural conditions in Iran.
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| Keywords: Qasameh, Homicide, Crime Proof, Proving Evidence. |
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Full-Text [PDF 341 kb]
(195 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2022/12/7 | Revised: 2024/05/2 | Accepted: 2023/03/17 | Published: 2023/03/21
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