A Comparative Study of the Evidence Evaluation in Iranian and British Law

In the Iranian law, the legal evidence system has been accepted in the legal proceeding, so that the evidence that the prosecutor must use to prove the dispute is cited in the Article 1258 of the Civil Code and Articles 248 and 257 of the Civil Procedure Code. In the British legal proceedings, unlike many other countries, oral evidence – such as testimony - is more common than written evidence. Compared to many other countries - including Iran - the issue of litigation based on the progressive judiciary system has created a more appropriate freedom for the judge to deal with claims and assess evidence of legality in legal proceedings. The question that arises in this study is that how is the evaluation of the evidence of the claims in Iranian and British law? If the method of obtaining the evidence is illegal, can the judge consider it in the overall assessment of the proceeding? In response, it can be said that the assessment of evidence in English law has more freedom, so that the evidence is not imposed on the judge and the judge can assess any type of evidence, while in the Iranian law, some evidence is imposed on the judge and he must inevitably make a verdict on the same grounds. In the case of illegality, the evidence can affect the general assessment of the judge of the matter considering the circumstances of the matter and the situation governing the issue, and in the event of a fault or mistake by the prosecutor, the judge will be liable to criminal, legal, and civil liability in assessing the evidence.