In the contemporary world, the methods of committing crimes, including crimes related to financial corruption, have become increasingly complex and have made countries face serious problems in fighting them. In this regard, the experiences of many countries in the field of fighting against corruption emphasize the necessity of shifting the burden of proof in these crimes. The following article, relying on the analytical-descriptive method, while addressing the general reasons for the necessity of this shift, including the lack of agility of traditional approaches in dealing with this category of crimes, the necessities of social and human rights, and the specific reasons related to the nature of the crime. And the characteristics of the perpetrator and the victim, the standards governing the shift of the burden of proof, including the scope of changing the threshold of proof and compliance with the principle of equality of arms is taken into consideration in criminal proceedings. In the end, while studying examples of the burden of proof in crimes such as money laundering in the law amending the anti-money laundering law, as well as illegal possessions in the law on the addition of articles to the law on the implementation of Article 49 of the Constitution, the conclusion was reached that The Iranian legislator's approach to this transfer has always been with precaution and has tried not to face the problem of ignoring the principle of innocence. Albeit, by determining the legal emirates in the relevant criminalization and citing the primacy of the emirates over principles, the society can benefit from the interests of shifting the burden of proof on the accused in corruption-related crimes.
Fooladi,F. and Momenirad,A. (2024). Standards governing shifting the burden of proof in corruption-related crimes in the legal system of the Islamic Republic of Iran. (e715455). Islamic Law, (), e715455 doi: 10.22034/ilaw.2024.715455
MLA
Fooladi,F. , and Momenirad,A. . "Standards governing shifting the burden of proof in corruption-related crimes in the legal system of the Islamic Republic of Iran" .e715455 , Islamic Law, , , 2024, e715455. doi: 10.22034/ilaw.2024.715455
HARVARD
Fooladi F., Momenirad A. (2024). 'Standards governing shifting the burden of proof in corruption-related crimes in the legal system of the Islamic Republic of Iran', Islamic Law, (), e715455. doi: 10.22034/ilaw.2024.715455
CHICAGO
F. Fooladi and A. Momenirad, "Standards governing shifting the burden of proof in corruption-related crimes in the legal system of the Islamic Republic of Iran," Islamic Law, (2024): e715455, doi: 10.22034/ilaw.2024.715455
VANCOUVER
Fooladi F., Momenirad A. Standards governing shifting the burden of proof in corruption-related crimes in the legal system of the Islamic Republic of Iran. Islamic Law, 2024; (): e715455. doi: 10.22034/ilaw.2024.715455