personal knowledge of the judge

The permissibility of a non-innocent judge relying on his personal knowledge in issuing a verdict is one of the old and long-standing issues of jurisprudence, which has become a problem today and is a problem for the judicial system. The personal knowledge of the judge in Islamic jurisprudence has been emphasized since the beginning of Islam as one of the ways to prove the case according to the consensus of the jurists, especially the twelvers jurists. Since the main origin of laws related to jurisprudence is, it is necessary that the opinions and evidences of jurists regarding the science of the judge should be investigated from a jurisprudential point of view. In the present article, which is written in a descriptive-analytical method, after expressing the opinions raised about the said issue in jurisprudence and law, the foundations of the theories are examined. Considering the challenges of citing the knowledge of the judge by authorized judges in the judicial system, it goes without saying that today in the Islamic Republic of Iran, there is a way to standardize the judicial method in Islamic courts - even according to the famous creed among recent scholars (the absolute validity of the knowledge of the judge)- It can be used, limiting the competence of the authorized judges by the guardian is that the established lawful fixed ways of judging, such as testimony and oath, are considered valid by them, not cases that have personal knowledge.

P roof of all the actus reus (material elements) of rape requires the presentation of evidence, so in this study, the challenges in the way of organizing the evidence, using judicial experience, were examined. Studies show that two indications of witness testimony and confession are ineffective reasons in proving a rape case; because many restrictions on these two reasons have been imposed by the legislature, which has affected their probative power. Therefore, this study examines the status of incomplete and denied confessions and confessions of other non-judge actors of tribunal and the complexities  of witness testimony, including the observance of testimony and the possibility of deviating (withdrawal) from testimony in a rape case However, Personal knowledge of the judge, in terms of the extent of circumstantial evidence, is one of the most important indications that examples of this evidence have been extracted using judicial experience. However, a review of judicial procedure shows that suspicion casts a shadow over all the material elements (actus reus) of the crime of rape (sexual assault) and one of the main reasons for the breach of the verdict in the Supreme Court is that the rights of the victims have been severely threatened due to the widespread citation of suspicion.

In the criminal justice system of Iran, personal knowledge of the Judge is a valid evidence in establishing crimes and aggregative condition of punishments.The expediency of hiding of crime is abandoned in the unchaste crimes with force or duress. Proving of such crimes is ofen impossible through confession and testimony. Therefore, most of the victims will be deprived of the criminal justice and more criminals will release. Hence, the legislature, in one hand, introduced the irrefutable presumptions of unchaste crimes and closed down the judiciary arguments. on the other hand, by strengthening the validity of the judge's knowledge, extending of the ways of obtain it and preferring it on the other evidence, has protected the victims and has prosecuted the defendants more strictly.The judicial precedent in this area is passing excessive doubts and entering the path drafted by the legislature.