The Principle Of Innocence In Jurisprudence And Iranian Law

Many definitions have been provided for the principle of innocence and it has a specific definition in different departments such as private law, criminal law and jurisprudence, and it is mentioned in various laws including the constitution, criminal law and civil law. But what is common among all definitions is that the accused has no duty to prove his innocence. Using the descriptive-analytical method, the present article deals with the principle of innocence in Iranian jurisprudence and law. First, the principle of innocence in Imamiah jurisprudence was investigated and it was found that the principle of innocence is one of the practical principles that determines the obligation of the obligee when in doubt. Then, the aforementioned principle was examined in private law and it was determined that in Iran's civil law, whoever claims a right must prove it. Finally, the principle of acquittal in Iranian criminal law was examined and it was found that according to this principle, no one is guilty unless her crime is proven in a competent court and the accused has no duty to prove her innocence. In the end, appropriate conclusions were drawn according to the materials presented in the proposed hypotheses and the comparison of the principle of innocence in criminal law, private law, and jurisprudence.

Keywords:

Innocence , Iranian law , Jurisprudence , Principle of innocence