Abstract

Contrary to legal affairs, the purpose of which is to achieve either formal justice or the criterion of ‎the balance of probabilities, in criminal affairs, it is a criterion for the discovery of the absolute ‎material and material truth that the judge was accused of by evaluating the form and substance of ‎evidence and, in the light of the principle of education, the reason was beyond doubt. A reasonable ‎doubt is the truth of the event. Since the criterion of proof of guilty and innocent in Iran's rights ‎with European rights is different from that of the ruling legal systems, we have tried to provide a ‎thorough analysis of the concept and nature of the assessment of the evidence and the methods of ‎obtaining the courtesy of the judge in the Romani German law. And by examining a positive ‎criterion beyond reasonable doubt as a component of the criminal lawsuit in the system and ‎comparing it with the rights of Iran, the means of their differentiation and their mutuality's are ‎revealed‎‎‎.