Abstract

An important aspect is fundamental in criminal law, and jurisprudence arguments would be a judicial conflict in proving the crime. During the procedure of a murder case, it is possible the conflicts arise between the evidence of confession and religious testimony as a proof to prove the murder crime to specify the murderer; such that any of the argument suggests the particular person’s culpability. Because of the various case, determining the probative value of each of them would have a significant impact on such conflict to resolve, regarding jurisprudence and legal. Therefore, the legislator in Article 213 of the Penal Code of Islam, adopted in 2013, has made it clear the probative value of any argues, prioritizing any evidence of confession than that of religious statement while conflicting with each other. If the legislator takes precedence of the evidence of faith over the religious testimony provided that assessing both things of evidence by the adjudicating authority and s/he does waive to apply the phrase to the text of Article, the discovery of the truth and identifying the actual perpetrator with justice-based purpose will be more compatible.

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