Thesis:

Comparative study of Bineh in proving criminal offenses in Iranian and Egyptian laws

Ever since mankind changed from a nomadic lifestyle to a settled one, it has been trying to have a law and a principled characteristic in its social relations between itself, other tribes and individuals, but first oral laws were formed in the form of customs and conversations of the elders of each nation and tribe, and these laws changed shape over time and with the expansion of social relations between individuals, they took their own special arrangement and were codified in different countries. According to the self-formed beliefs and conventions, these laws have fixed and comprehensive rules that can be experienced at any time and place, and their results can be predicted in the long term; Laws: a technique, judges, lawyers and judicial and legal advisors are interested in learning its rules and applying them, and law is an art: it depends on the user's taste, talent and time opportunities to apply the rules. Criminal law: It is related to the determination of criminal behavior and the amount of their punishment, and this criminal procedure is dedicated to determining the methods of judicial proceedings and forms the main body of the legal system. Different types of rights are divided into different periods, and books and special laws were recorded, and for each punishment of the law, every crime that is brought forward must be proven with evidence and evidence, and some crimes are proven despite the presence of witnesses and different witnesses. Am. Crime is considered a phenomenon that disrupts social order. Based on this, formal and substantive rules have been formed in criminal law to punish criminals. The purpose of substantive rules is to express the limits of government intervention in the behavior of individuals, which is known as a crime phenomenon. Substantive rules need formal rules to prove themselves. One of the most important and at the same time controversial topics in formal criminal law is the discussion of evidence. Evidence is a means to prove the truth. Evidence in criminal law is different from evidence in terms of the burden of proof and the number of evidence. In terms of the ambiguity in what the rules of evidence and the regulations governing them are, it is necessary to study the evidence system in the criminal law of other countries. In order to answer the questions about the similarities and differences of the evidence of criminal proof in the laws of Iran and Egypt along with this The hypothesis that there is a similarity between all aspects of criminal evidence in the laws of Iran and Egypt. This research has been written using the comparative method and using library sources. fIn the laws of Iran and Egypt, and the second part is dedicated to the application of spiritual evidence in the laws of Iran and Egypt. The result of this research is that the legal reasons include confession, testimony and oath in the laws of Iran and Egypt in terms of the use of jurisprudence sources in both systems in general. They have many similarities and the main differences between these two systems can be seen in the details. In the spiritual evidence including the knowledge of the judge and the new evidence including electronic evidence and practical knowledge, fundamental differences were observed between the two systems, so that these two systems can be completely separate and different from each other. considered. The basis of this in Egyptian law is the adherence of the system of spiritual reasons of this country to the idea of activism in recent decades adapted from French law. While the system of spiritual reasons in the criminal law of Iran follows an idea between activism and passivism. This is clearly visible in spiritual evidences everywhere.

Keywords: Keywords: confession, testimony, oath, science of judge, electronic evidence, Egyptian la