حجيت نظر كارشناس در امور كيفري ( مطالعه حقوقي - فقهي )

The authority of an Expertʹs Opinion on Retributive matters: a Legal - Juristic Study

The objective of this paper is to show whether or not an expert opinion on retributive matters is authoritative being able to prove guilt. Based on the golden principle of (intellectual) Exemption {Braʹat), no punishment can be implemented unless the accused is found guilty on sound bases. The system of Islamic penal code does not consider an expertʹs opinion as one of the explicitly mentioned proofs that prove a crime, though contemporary judicial systems accept it as a valid proof for proving a charge. Thus the question arises as to whether not naming an expert opinion as a ground for proving a crime does not make it invalid, having no authority. Looking at the matter from a juristically comparative angle the paper suggests that expert opinion is not capable of proving Islamic punishments (hudud), though they are able to prove other crimes. However judgeʹs knowledge is valid and authoritative even in some hudud cases.