ارزيابي اظهارنظر هيات منصفه

Evaluation of the Juryʹs Assessment

Making decision as a judge needs knowledge to both point of law and point of facts. Point of facts is some real matters out of judgeʹs mind acquired by juries in answer to the question of establishment of Actus reus and Mens rea. In the case of accordance of the judge and the jury opinion recognizing both of these elements, i.e. commission of a crime, the in charge person to scntcnce the accused is the judge and any shadow of doubt must cause to acquittal of the defendant. Making decision on criminality or non-criminality of the defendantʹs act as well as on determining the type and rate of punishment by jury are in contrary to the Islamic Sbari,a and judicial bases, whilst the juryʹs opinion on mitigation of punishment in Tazirat and Bazdarandeh punishments and convincement of judge to such a decision is not in opposition to the judge independency.