Validating the effectiveness of film and photographs in proving an illicit relationship (Criticism of the decision of Branch 24 of the Supreme Court)

Articles in Press

Document Type : Original Article

Authors

• Javad Soltani fard ¹
• Seyedomid Mousavi ²

¹ Assistant Professor of Jurisprudence and Private Law, Shahid Motahari University

² PhD student in Jurisprudence and Law, Shahid Motahari University

10.22067/jfiqh.2025.93078.1952

Abstract

Today, technology has entered the context of human life in its various forms. The role of electronic data, especially films and photographs as one of the most widely used types of technology, is clearly seen in various aspects of human individual and social life. One of these aspects is the validation of the effectiveness of films and photographs as an independent evidence to prove claims in the judicial system, which requires study and accountability. In the present study, it will be explained that relying on information obtained by the judge through viewing films and photographs is subject to proving the validity of the judge's personal knowledge, while such validity cannot be proven. Assuming the validity of the judge's knowledge is accepted, given the relevance of the evidence in proving illicit relationships, this alleged reason will not be effective in such crimes in particular. Regardless of the relevance of the evidence, films and photographs will not be able to be relied upon, because the science that is obtained from sensory sources is valid, and the information obtained from observing films and photographs is considered speculative science that will not be valid. Considering the study path of the present research, the decision of Branch 24 of the Supreme Court, in which films and photographs are relied upon, will be examined and criticized.

Keywords

• Film
• photo
• forensic science
• illicit relationship

Main Subjects

• Criminal jurisprudence

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