چکیده:
Nowadays، Genetic technology and its applications have been discussed in law and jurisprudence. Despite the fact that Iranian specialists and scientists have obtained the knowledge of using this technology in our country، legal and judicial aspects of it have still been unclear. Particularly، there is no sign and mention of this modern usages such as Genetic information bank and Genetic Fingerprinting in the Islamic texts and in the law of Iran in spite of huge attention to this kind of information in the judiciary system and courts for proving claims. However، there are disagreements in legal validity of this information in the evidence in substantiation of claims system، These disagreements can be ended if we consider this method as judicial circumstantial evidence in civil cases، specially in parentage proving and considering this as judges knowledge in criminal cases، like rape.
خلاصه ماشینی:
While currently, modern genetic fingerprinting technology is easily implemented and available by genetics specialists in Iran, and based on this, the preliminaries for preparing a genetic database as well as issuing special identification cards containing all the genetic identity information of individuals are being prepared, and the inclination to use this information in the judicial system and courts for proving claims is increasing; however, regarding the level of validity and determining the jurisprudential and legal position of this information in the system of evidence for proving claims in Iranian jurisprudence and law, differences are observed among researchers' writings.
Keywords Genetic fingerprinting, genetic identity recognition, evidence for proving claims, judicial presumption, proving lineage, criminal crimes, judge's knowledge Introduction In research related to the human genome,<FootNote No="214" Text=" The most important scientific news of 2001 was the beginning of determining the sequence of all human genetic material.
<H2>1-2- The degree of validity of identity recognition based on genetic fingerprinting in jurisprudence and law</H2> According to the previous discussions, the possibility of similarity in the gene pattern of two individuals has been calculated by mathematicians with the help of probability theory (Mohseni Ghandehari, ibid: 28 and 29) and taking into account the transfer of chromosomes and genes from parents to children,<FootNote No="221" Text="- For example, in Russia, Professor Ivanov, to investigate the percentage probability of a child's attribution to their maternal grandfather, requested mathematicians to perform a complex mathematical analysis via computer using information from genetic science provided to them and draw conclusions.
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