Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 897-915 |
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Kakwan S, Goldoust Jouybari R, Niazpour A H, Azimzadeh S. Retrial of Criminal Proceedings Based on DNA Testing
(Interaction of Criminal Law and Medicine to Realize Reality). MLJ 2023; 17 (58) :897-915
URL: http://ijmedicallaw.ir/article-1-1763-en.html
URL: http://ijmedicallaw.ir/article-1-1763-en.html
1- Department of Law, Faculty of Law and Political Science, South Tehran Branch, Islamic Azad University, Tehran, Iran.
2- Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran
2- Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran
Abstract:
Background and Aim: DNA testing is one of the tools that have received attention in the field of criminal law and criminology in recent years. The purpose of the present research is to analyze the restoration of criminal proceedings based on DNA testing.
Method: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: The knowledge obtained from the DNA test, is obtained through an intermediary (expert) and not directly for the judge; the basic challenge related to the impossibility of accepting the said tests as one of the definitive reasons for proving the crime is the same issue.
Conclusion: The results of the research show that the DNA test can be considered as a decisive basis for resuming the judicial proceedings as well as the resumption of the official proceedings (by the convict), but the said test for the resumption of the official proceedings (from the side of the plaintiff) is considered a presumptive or inconclusive basis.
Please cite this article as:
Kakwan SH, Goldoust Jouybari R, Niazpour AH, Azimzadeh SH. Retrial of Criminal Proceedings Based on DNA Testing (Interaction of Criminal Law and Medicine to Realize Reality). Medical Law Journal. 2023; 17(58): e61.
Method: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: The knowledge obtained from the DNA test, is obtained through an intermediary (expert) and not directly for the judge; the basic challenge related to the impossibility of accepting the said tests as one of the definitive reasons for proving the crime is the same issue.
Conclusion: The results of the research show that the DNA test can be considered as a decisive basis for resuming the judicial proceedings as well as the resumption of the official proceedings (by the convict), but the said test for the resumption of the official proceedings (from the side of the plaintiff) is considered a presumptive or inconclusive basis.
Please cite this article as:
Kakwan SH, Goldoust Jouybari R, Niazpour AH, Azimzadeh SH. Retrial of Criminal Proceedings Based on DNA Testing (Interaction of Criminal Law and Medicine to Realize Reality). Medical Law Journal. 2023; 17(58): e61.
Type of Study: Original Article |
Received: 2023/10/5 | Accepted: 2024/02/26
Received: 2023/10/5 | Accepted: 2024/02/26
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