1
Assistant Professor at Law Faculty of Shahid Beheshti University
2
Ph.D Student of Private Law at Qom University
Abstract
According to the jurisprudential law "confession of the people against themselves is permissible", and anyone confessing a right to another will be required to acknowledge it and if the confession has the elements prescribed for valid confession, in accordance with the rule of "prohibiting denial after confession", it is not possible to revoke it as verified by jurisprudents and lawyers unless under certain circumstances, such as proving the invalidity of the underlying claim(s), mistakes and etc. in which, under article 1277 of the civil code, confession may be denied or revoked. This principle is also stipulated in article 173 of the Islamic penal code of 1392, but in two instances, the confession may be denied or revoked, and there are where a person admits the commitment of a crime that its punishment is stoning to death and blood vengeance by talion. There is also a third exception that the law is silent about, that is, the mutual confession to the murder. However, there is no consensus among the jurisprudents in this regard. A group believe in the falling of blood vengeance by talion and blood money and the payment of blood money from the treasury, and another group believe that blood vengeance by talion and blood money must be honoured.
Mohammadi, G., & Jalili, A. (2018). Examination of Legal Jurisprudence on Revocation of Confessions in Criminal Matters. Judgment, 18(94), 117-137.
MLA
Ghasem Mohammadi; Amir Jalili. "Examination of Legal Jurisprudence on Revocation of Confessions in Criminal Matters". Judgment, 18, 94, 2018, 117-137.
HARVARD
Mohammadi, G., Jalili, A. (2018). 'Examination of Legal Jurisprudence on Revocation of Confessions in Criminal Matters', Judgment, 18(94), pp. 117-137.
VANCOUVER
Mohammadi, G., Jalili, A. Examination of Legal Jurisprudence on Revocation of Confessions in Criminal Matters. Judgment, 2018; 18(94): 117-137.
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