نوع مقاله : مقاله پژوهشی
نویسندگان
1 طلبه دروس خارج حوزه علمیه قم، دانشجوی دکتری حقوق جزا و جرم‌شناسی، دانشگاه تهران، پردیس بین‌المللی ارس، ارس، ایران (نویسنده مسئول)
2 دانشجوی دکتری حقوق جزا و جرم شناسی، دانشگاه تهران، پردیس بین‌المللی ارس، ارس، ایران
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
Undoubtedly, the issue of citation relationship is considered one of the most important issues in the science of law, and it is considered one of the most complex issues in the direction of determining criminal responsibility and the guarantee arising from it, which attention and importance will bring the revival of the principle of innocence and reduce judicial errors. In the assumption of the existence of a single factor, verifying the reference relationship is not difficult, but if there are many intervening and effective factors in the occurrence of the result, without a doubt, verifying the reference relationship will be associated with a special difficulty. Therefore, this issue has caused a difference of opinion among scholars. Regardless of the delicacy and sensitivity of establishing the citation relationship, the prevailing practice of the courts is that after referring to the expert and the percentage of the incidents by the experts, the judges proceed to issue a decision by obeying and relying on the same theory. There is no doubt that the expert can identify the cause of the accident, but whether the expert is able to establish the relationship of citation and the judicial authority can establish the relationship of citation in crimes when issuing a verdict based on the expert's opinion, these are the research issues that the authors They have tried to understand the position and role of expert opinion in verifying the relation of citation and how to determine guarantee and criminal liability based on expert opinion, .The current research has been completed by using library resources and with jurisprudential and legal approach and descriptive and analytical method.
کلیدواژه‌ها [English]
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