نوع مقاله : مقاله پژوهشی
عنوان مقاله English
Today, technological tools have created a tremendous transformation in discovering the truth in intelligence interrogations, which plays a fundamental role in preventing methods that are contrary to the rights of the accused. Among these tools are body language detectors that accurately record the physiological responses of the accused’s body when faced with the accusation’s questions and analyzes them to discover whether he is telling the truth or trying to conceal the truth. By analyzing the types of these tools, the present study attempts to answer the question, “What are the jurisprudential dimensions of using body language detection tools in intelligence interrogations?” This descriptive research is analytical, inductive in approach, and developmental in purpose. The method of jurisprudential analysis is thematic or monotheistic jurisprudence understanding (systematic jurisprudence), although it has also benefited from the results of dissociative jurisprudential understanding approaches. The results, in the face of the perceived jurisprudential challenges, indicate that the employment of the aforementioned tools, if the jurisprudential conditions are met, including the preparation of the personal circumstances of the accused, the comprehensiveness of the questions, the clarity of the diagrams, and the qualification and expertise of the system expert, has both restrictive and expansive effects on the jurisprudential rulings related to interrogation. In the area of restriction, the limitation in the scope of permissibility of elicitation, the limitation of the scope of entering privacy in covert collection, the limitation of the scope of the rule “the confession of the sane is permissible against themselves”, and the limitation in the duration and repetition of interrogation are the most important aspects, while in the area of development, the addition of a source to supplement the judge’s knowledge, the validation of confessions in detention, and the extension of the detention period to obtain confessions are the most important aspects that can be quantified with a jurisprudential approach.
کلیدواژهها English
