M.A. Thesis:

Jurisprudential and legal study of the status of the judge's knowledge as one of the proofs in crimes subject to hadd

Abstract Among the evidence of litigation, the knowledge of the judge is one of the reasons that can affect the criminal case; This has been the focus of many legal issues from the past to the present. With the enactment of the Penal Code in 1392 and the review of related materials, it becomes clear that the knowledge and refusal of the judge's conscience in this law is placed along with other evidence. Judge knowledge is the knowledge and recognition of the judge in determining and attributing the crime to the accused through objective and tangible or mental. In jurisprudential sources, the Infallible (AS) can act and issue a ruling based on his knowledge in any way that has been obtained. As for the innocent judge, there is disagreement among Shiite jurists regarding matters related to the right of God and the right of the people. The legislator in the Islamic Penal Code of 1392, following the famous saying, has accepted the knowledge of the judge in the right of God and the right of the people. Crimes subject to hadd are crimes that include the right of God and the judge can not issue a verdict without the complaint of the private plaintiff. According to the Islamic Penal Code, these crimes can be proven for three reasons. 1- Confession 2- Testimony 3- Knowledge of the judge The science presented here must be the science of evidence, and the judge is obliged to explicitly state the evidence and the UAE between the document of his science. Therefore, in criminal law, and especially in crimes subject to hadd, the validity of the judge's knowledge is accepted as one of the evidence. Keywords: Judge Science; Crimes subject to hadd; Evidence of litigation; The right of God; The right of the people

Keywords: Keywords: Judge Science; Crimes subject to hadd; Evidence of litigation; The right of God; The rig