A Critical Analysis of the Executive and Judicial Challenges of Testimony upon Testimony in Proving Taʿzīr Crimes in Iranian Law and the Proposal of Reformative Solutions

Abstract

Testimony upon testimony, as one of the evidentiary means for proving claims in the Iranian legal system—particularly in taʿzīr crimes—occupies a distinctive position. This evidentiary method is applied in situations where the principal witness is absent or where the possibility of giving direct testimony is not available, relying instead on the testimony of a person who conveys the original witness’s testimony. Despite the acceptance of this institution in Islamic jurisprudence and the Islamic Penal Code, its practical implementation within the judiciary faces serious challenges. The most significant of these challenges include ambiguity regarding the conditions for establishing the validity of testimony upon testimony, the risk of abuse of this institutional capacity, the lack of precise guidelines for assessing the accuracy of transmitted testimony, and its potential conflict with the principles of impartiality and procedural justice. From an executive perspective, insufficient training of judges and judicial officers, the lack of effective verification tools, and incomplete coordination between jurisprudential theories and judicial practices have resulted in the limited effectiveness of this institution in proving taʿzīr crimes. A critical examination of these issues demonstrates that, in order to enhance accuracy and reliability in the use of testimony upon testimony, reforms such as the تدوین of transparent regulations, specialized training for judges and judicial officers, the utilization of technologies for the recording and documentation of testimony, and the revision of relevant legal provisions are necessary. These measures can preserve the jurisprudential and traditional status of this institution while aligning it with the principles of fair trial and the requirements of the modern criminal justice system, thereby reducing the risk of infringement upon the rights of defendants and victims.