Comparative Civil Procedure
Procedure & Regularity for Accuracy, True Dispute Resolution and Happiness

Analysis of the Possibility of Assessing a Confession Previously Established Before Another Judicial Authority in Islamic jurisprudence and Iranian law

Articles in Press

Document Type : Original Article

Authors

moslem pourkarimi darenjani 1
mahdi hasanzadeh 2
aziz allah fahimi 2

1 University of Qom, Faculty of Law, Private Law Major. iran.qom

2 Qom University, Faculty of Law, Department of Private Law, Qom, Iran

Abstract
During judicial proceedings, a judge may encounter a confession previously made before another judge; in such circumstances, the judge confronts not merely a confession, but a statement that has already undergone formal evaluation. This article, employing a descriptive‑analytical method, examines the judge’s duty when facing a confession previously assessed by another judicial authority. The issue becomes significant when the confession is later denied or repudiated, or when the renewed presence of the confessor becomes difficult or impossible. Some jurists regard the prior confession as conclusive, decisive evidence revealing the truth, whereas others do not consider the judge bound by it. Legal scholars, relying on Articles 153, 199, 200, and 290 of the Civil Procedure Code, maintain that determining the credibility and probative value of the prior confession lies within the competence of the presiding judge and depends on the formation of judicial certainty. Conversely, some scholars classify prior court minutes as an official document and deem adherence to the confession obligatory. Jurisprudential and legal foundations emphasize the interpretive role and judicial discernment of the judge in uncovering the truth and attaining inner conviction.

Keywords

Prior confession
Judge‑to‑judge
judicial immediacy, judicial certainty
Subjects
Comparative Civil Procedure

Articles in Press, Accepted Manuscript
Available Online from 25 July 2026

  • Receive Date 07 May 2026
  • Revise Date 13 July 2026
  • Accept Date 25 July 2026
  • Publish Date 25 July 2026

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