This study aims to demonstrate the effectiveness of presumptions and their role in criminal evidence by examining their impact on criminal cases as one of the forms of evidence and the extent to which the criminal judge has the freedom to accept them as indirect evidence. Given that the rules of evidence are of paramount importance in all branches of law, and a right without supporting evidence is null and void, evidence is what supports the right and makes it prevail. Presumptions enjoy this importance as a means of proof stipulated by the legislature and adopted by the judiciary and jurisprudence.

Presumptions play an important, vital, and effective role in the field of criminal evidence, as original, complementary, or reinforcing evidence, no less important than other forms of evidence. This is especially true given that they have become the most widely used method in criminal justice in our current era, given scientific and technological progress in all fields, especially after criminals resorted to the use of the most accurate modern scientific methods to commit their crimes without leaving traces of their perpetrators. Judicial presumption also plays an important and influential role in determining the credibility of other evidence obtained and existing alongside it in a criminal case. Evidence derived through judicial presumption is similar to a check on other evidence, such as witness testimony, defendants' confessions, and other evidence. Since deducing the unknown fact sought to be proven from a concrete fact is consistent with the remaining circumstances and conditions of the case, deriving a presumption requires the judge to derive the presumption from a fact, then provide evidence for it. He then demonstrates the logical causal relationship between the known fact and the other fact sought to be proven. The oversight imposed by the Court of Cassation on the judge's authority to derive or prove judicial presumption is nothing more than legal oversight of rulings and procedures, about their rationale, whether they occurred in error, whether the judge deviated from his discretionary authority in issuing the final judgment in the case before him, or whether his decision was not consistent with reason and sound logic. Therefore, we find it an essential and unavoidable duty to address the subject of presumption, as it is a very important form of evidence, given the development of the criminal's mind and his attempts to escape punishment. Therefore, we have embarked on writing this research to demonstrate the role of presumptions, whether legal or judicial, and their role in criminal evidence, according to a research plan consisting of two sections. In the first section, we will address the concept of presumptions according to two requirements. In the first, we will explain the definition of presumptions, and in the second, the elements of presumptions. The second section is devoted to the types of presumptions, and in the two requirements, we will discuss legal presumptions in the first section and judicial presumptions in the second section. We will address this in turn according to the established plan, as follows.  

Simple, Conclusive, Likely Occurrence

Abu Mansur Muhammad ibn Ahmad al-Azhari, Tahdhib al-Lugha, Egyptian House for Authorship and Translation, 1964, vol. 7, p. 93.

Ibn Manzur, Muhammad ibn Makram, Lisan al-Arab, 1st ed., vol. 13, Dar Sadir, Beirut, 1999, p. 339.

Ibn Manzur, Muhammad ibn Makram, previous source, p. 361.

Surat Fussilat, verse 25.

Surat al-Saffat, verse 51.

Dr. Abd al-Razzaq al-Sanhuri, A Concise Explanation of the New Civil Law, Egyptian Universities Publishing House, vol. 2, Cairo, 1952, p. 372.

Dr. Tawfiq Hasan Farag, Rules of Evidence in Civil and Commercial Matters, University Culture Foundation, Alexandria, 1982, p. 71.

Articles 291 and 302 of the Egyptian Code of Criminal Procedure, No. 50 of 1950.

Articles 40 and 43 of the Jordanian Law of Clarification in Civil and Commercial Matters, No. 30 of 1952.

Articles 147 and 496 of the Jordanian Code of Criminal Procedure No. 9 of 1961.

Article 174 of the Iraqi Journal of Judicial Rulings.

Decision No. 496 of April 27, 1961, Collection of Legal Rules Decided by the Egyptian Court of Cassation, in Fifty Years of Suspicion, Vol. 1, Year 12, p. 399.

Decision No. 143/92, Jordanian Criminal Cassation, Journal of the Jordanian Bar Association: 1993, p. 384.

Iraqi Evidence Law, No. 107 of 1977, p. 140.

Iraqi Code of Criminal Procedure No. 32 of 1971, p. 31.

Dr. Abdel Hamid Al-Shawarbi, Legal and Judicial Presumptions in Civil, Commercial, and Personal Status Matters, Dar Al-Fikr Al-Jami'i, Alexandria, 1999, p. 17.

Dia Sheet Khattab, The Art of the Judiciary, Institute of Arab Research and Studies, Baghdad, 1984, p. 117.

Dr. Abdul Razzaq Ahmed Al-Sanhouri, A Brief Explanation of the New Civil Law, op. cit., p. 881.

Dia Sheet Khattab, The Art of the Judiciary, op. cit., p. 119.

Qais Abdul Sattar Othman, Legal Presumptions and Their Role in Evidence, op. cit., p. 30.

Qais Abdul Sattar Othman, Legal Presumptions and Their Role in Evidence, op. cit., p. 33.

Hussein Al-Moumen, Lawyer, Theory of Evidence, op. cit., p. 11.

Qais Abdul Sattar Othman, Judicial Presumptions and Their Role in Evidence, op. cit., p. 34.

Qais Abdul Sattar Othman, Judicial Presumptions and Their Role in Proof, previous source, p. 34.

Hussein Al-Moumen, Lawyer, Theory of Evidence, previous source, p. 36.

Hussein Al-Moumen, Lawyer, Theory of Evidence, previous source, p. 11.

Hussein Al-Moumen, Lawyer, Theory of Evidence, previous source, p. 11.

Articles (216-221) of the Iraqi Code of Criminal Procedure, Articles (291-302) of the Egyptian Code of Criminal Procedure, and Articles (147-62) of the Jordanian Code of Criminal Procedure.

Article 98 (first) of the Iraqi Evidence Law No. 107 of 1979.

Article 99 of the Egyptian Code of Evidence in Civil and Commercial Matters.

Article 40 of the Jordanian Evidence Law.

Dr. Abdul Hamid Al-Shawarbi, Legal and Judicial Presumptions in Civil, Criminal, and Personal Status Matters, previous source, p. 63.

Dr. Abdel Razzaq Ahmed Al-Sanhouri, A Concise Explanation of the New Civil Law, previous source 600.

Dr. Mahmoud Abdel Aziz Khalifa, The General Theory of Presumptions in Criminal Evidence in Egyptian and Comparative Legislation, Dar Al-Nahda Al-Arabiya, Cairo, 1996, p. 298.

Dr. Abdel Moneim Farag, Evidence in Civil Matters, 2nd ed., Al-Halabi Library and Press, 1955, p. 293.

Dr. Mahmoud Abdel Aziz Khalifa, The General Theory of Presumptions in Criminal Evidence in Egyptian and Comparative Legislation, Dar Al-Nahda Al-Arabiya, Cairo, 1996, p. 267.

Article 40 of the Jordanian Evidence Law.

Dr. George Hazboun Al-Sarraf, Introduction to the Science of Law, Dar Al-Thaqafa for Publishing and Distribution, Amman, 1997, p. 237.

Text of Article 174 of the Iraqi Code of Criminal Procedure No. 23 of 1971 (as amended).

Dr. Muhammad Zaki Abu Amer, Evidence in Criminal Matters, Al-Faniya for Printing and Publishing, Amman, 1997, p. 21.

Dr. Mahmoud Abdel Aziz Halifa, The General Theory of Presumptions in Criminal Evidence in Egyptian and Comparative Legislation, previous source, p. 280.

Dr. Abdel Hamid Al-Shawarbi, Legal and Judicial Presumptions in Civil, Criminal, and Personal Status Matters, op. cit., p. 70.

Dr. Ahmed Nashat, The Evidence Treatise, Vol. 2, 1986, p. 415.

Article 331 states: "Unless otherwise provided, a criminal case shall be dismissed with respect to the person against whom it is brought and the facts based thereon by the issuance of a judgment of acquittal, non-liability, dismissal, conviction, or by the issuance of a judgment on the subject of the criminal case. It may not be reconsidered except by appealing the judgment through the methods prescribed by law, unless otherwise provided."

Ronaldo del Carmen, Op. cit., p. 135

Hussein Al-Moumen, Lawyer, Theory of Evidence, op. cit., p. 106.

Dr. Adam Wahib Al-Nadawi, The Role of the Civil Judge in Evidence, op. cit., p. 218.

Ronaldo del Carmen op. cit. p. 135

Dr. Suleiman Marqus, Principles of Evidence in Civil Matters, Al-Asriya Press, Cairo, 1952, p. 110.

Jundi Abdul Malik, The Criminal Encyclopedia, Vol. 1, Dar Ihya' Al-Turath Al-Arabi, Beirut, 1976, p. 209.

Dr. Subhi Muhammad Najm, A Concise Guide to the Principles of Jordanian Criminal Trials, Dar Al-Thaqafa Library, Amman, 1991, p. 2.

Dr. Raouf Ubaid, Principles of Criminal Procedure in Egyptian Law, 14th ed., Cairo, 1982, p. 613.

Ali Al-Samak, The Criminal Encyclopedia in Iraqi Criminal Justice, 2nd ed., Vol. 1, Al-Jahiz Press, Baghdad, 1990, p. 175.

Saeed Hasab Allah Abdullah, Explanation of the Code of Criminal Procedure, Al-Ani Press, Baghdad, 1990, p. 396.

Jordanian Court of Cassation, in its criminal capacity, Decision No. 1406/2003 (five-member panel), dated February 9, 2004, Adalah Center Publications.

Jordanian Court of Cassation, in its criminal capacity, Decision No. 636/2006, dated July 25, 2006, Adalah Center Publications, considers circumstantial evidence to be the inference of an unknown fact from a known fact, and it is an admissible form of evidence in criminal matters.

Iraqi Court of Cassation Decision No. (81/28), General Panel/2000, dated July 5, 2000, Al-Qadaa Magazine, Issue 1, p. 131.

Dr. Raouf Obeid, Principles of Criminal Procedure in Egyptian Law, 2nd ed., op. cit., p. 727.

Dr. Abdul-Wahhab Homoud, Principles of Criminal Trials, Vol. 3, University Press, Damascus, 1957, p. 104.

Dr. Ahmed Fathi Sorour, Principles of Criminal Procedure Law, Dar Al-Nahda Al-Araba, Cairo, 1969, p. 33.

Dr. Suleiman Marqus, Principles of Evidence in Civil Matters, op. cit., p. 76.

Hussein Al-Moumen, Lawyer, Theory of Evidence, op. cit., p. 29.

Dr. Muhammad Al-Fadhel, Concise Principles of Criminal Trials, op. cit., Al-Ihsan Press, Cairo, 1977, p. 438.

Dr. Mahmoud Abdul-Aziz Khalifa, The General Theory of Presumptions in Criminal Evidence in Egyptian and Comparative Legislation, op. cit., p. 151.

Dr. Mamoun Muhammad Salama, Criminal Procedures in Egyptian Legislation, Dar Al-Fikr Al-Arabi, Cairo, 1979, p. 214.

Dr. Mahmoud Naguib Hosni, Explanation of the Criminal Procedure Code, previous source, p. 498.

Ahmed Fathi Sorour, Cassation in Criminal Matters, Dar Al Nahda Al Arabiya, Cairo, 188, p. 160.

Muhammad Zaki Abu Amer, The Flaw of Error in Criminal Rulings, Dar Al-Matbouat Al-Jami'a, Alexandria, 1985, p. 265.

Jordanian Court of Cassation Decision No. 651/2002, dated June 27, 2002, Adalah Center Publications.

Dr. Muhammad Ali Al-Kik, Causes of Judicial Rulings, Dar Al Nahda Al Arabiya, Cairo, 1982, p. 292.

Dr. Mahmoud Abdel Aziz Khalifa, The General Theory of Presumptions in Criminal Evidence in Egyptian and Comparative Legislation, previous source, p. 189.

Fadel Zidan Muhammad, The Authority of the Criminal Judge to Determine Evidence: A Comparative Study, PhD Thesis, University of Baghdad, 1987, pp. 282-289.

Dr. Hassan Sadiq Al-Mardawi, Principles of Criminal Procedure - Mansha'at Al-Maaref, Alexandria, 1972, p. 747.

Dr. Mahmoud Abdel Aziz Khalifa, The General Theory of Presumptions in Criminal Evidence in Egyptian and Contemporary Legislation, previous source, p. 209.

Dr. Mahmoud Abdel Aziz Khalifa, The General Theory of Presumptions in Criminal Evidence in Egyptian and Contemporary Legislation, previous source, p. 220.

Dr. Mahmoud Abdel Aziz Khalifa, The General Theory of Presumptions in Criminal Evidence in Egyptian and Contemporary Legislation, previous source, p. 220.

Hussein Al-Moumen, Lawyer, Theory of Evidence, previous source, p. 113.

Dr. Abdel Razak Al-Sanhouri, A Brief Explanation of the New Civil Law, previous source, p. 600.

Dr. Adam Wahib Al-Nadawi, The Role of the Civil Judge in Proving Evidence, previous source, p. 426.

Hilal Abdel-Ilah Ahmed, The General Theory of Evidence in Criminal Principles, PhD dissertation, no university or place of publication mentioned, 1987, p. 949.

Dr. Mahmoud Abdel-Aziz Khalifa, The General Theory of Presumptions in Criminal Evidence in Egyptian and Contemporary Legislation, previous source, p. 249.

The Holy Quran

Dictionaries

Abu Mansur Muhammad ibn Ahmad al-Azhari, Tahdhib al-Lugha, Egyptian House for Authorship and Translation, 1964, vol. 7, p. 93.

Ibn Manzur, Muhammad ibn Makram, Lisan al-Arab, 1st ed., vol. 13, Dar Sadir, Beirut, 1999, p. 339.

Legal Books

Dr. Abd al-Razzaq al-Sanhuri, Al-Wajeez fi Sharh al-Qanun al-Jadid, Egyptian Universities Publishing House, vol. 2, Cairo, 1952, p. 372.

Dr. Tawfiq Hasan Farag, Rules of Evidence in Civil and Commercial Matters, University Culture Foundation, Alexandria, 1982, p. 71.

Dr. Abd al-Hamid al-Shawarbi, Legal and Judicial Presumptions in Civil, Commercial, and Personal Status Matters, Dar al-Fikr al-Jami'i, Alexandria, 1999, p. 17.

Dr. Salah al-Din al-Nahi, Principles of Obligations, Salman al-Azami Press, Baghdad, 1968, p. 427.

Dr. Ahmed Fathi Sorour, The Intermediary in the Criminal Procedure Law, 4th ed., Dar al-Nahda al-Arabiya, Cairo, 1987.

Dr. Mahmoud Najib Hosni, Explanation of the Criminal Procedure Law, 3rd ed., Dar al-Nahda al-Arabiya, Cairo, 182, p. 498.

Dr. Hassan Joqdar, Principles of Criminal Trials, Vol. 2, Damascus University, 1997, p. 189.

Dr. Adam Wahib al-Nadawi, The Role of the Civil Judge in Proof, Dar al-Abiya Press, Baghdad, 1976, p. 377.

Hussein al-Moumen, The Lawyer, Theory of Evidence, Vol. 4, al-Fajr Press, Beirut, 1983, p. 10.

Ibrahim Naguib Muhammad Awad, The Judiciary in Islam, published by the Islamic Research Academy, Cairo, 1975, p. 227.

Qais Abdul Sattar Othman, Judicial Presumptions and Their Role in Proof, Shafiq Press, Baghdad, 1975, pp. 59-60.

Diaa Sheet Khattab, The Art of the Judiciary, Institute of Arab Research and Studies, Baghdad, 1984, p. 117.

Dr. Mahmoud Abdul Aziz Khalifa, The General Theory of Presumptions in Criminal Evidence in Egyptian and Comparative Legislation, Dar Al-Nahda Al-Arabiya, Cairo, 1996, p. 298.

Dr. Abdul Moneim Farag, Evidence in Civil Matters, 2nd ed., Al-Halabi Library and Press, 1955, p. 293.

Dr. Mahmoud Abdel Aziz Khalifa, The General Theory of Presumptions in Criminal Evidence in Egyptian and Comparative Legislation, Dar Al Nahda Al Arabiya, Cairo, 1996, p. 267.

Dr. George Hazboun Al Sarraf, Introduction to the Science of Law, Dar Al Thaqafa for Publishing and Distribution, Amman, 1997, p. 237.

Dr. Muhammad Zaki Abu Amer, Evidence in Criminal Matters, Al Faniya for Printing and Publishing, Amman, 1997, p. 21.

Dr. Ahmad Nashat, The Evidence Treatise, Vol. 2, 1986, p. 415.

Ronaldo del Carmen, op. cit. p. 135

Ronaldo del Carmen, op. cit. p. 135

Dr. Suleiman Marqus, Principles of Evidence in Civil Matters, Al Asriya Press, Cairo, 1952, p. 110.

Jundi Abdul Malik, The Criminal Encyclopedia, Vol. 1, Dar Ihya al-Turath al-Arabi, Beirut, 1976, p. 209.

Dr. Subhi Muhammad Najm, A Concise Introduction to the Principles of Jordanian Criminal Trials, Dar al-Thaqafa Library, Amman, 1991, p. 2.

Dr. Raouf Ubaid, Principles of Criminal Procedure in Egyptian Law, 14th ed., Cairo, 1982, p. 613.

Ali al-Sammak, The Criminal Encyclopedia in Iraqi Criminal Justice, 2nd ed., Vol. 1, al-Jahiz Press, Baghdad, 1990, p. 175.

Saeed Hasab Allah Abdullah, Explanation of the Code of Criminal Procedure, al-Ani Press, Baghdad, 1990, p. 396.

Dr. Abdul Wahab Homoud, Principles of Criminal Trials, Vol. 3, University Press, Damascus, 1957, p. 104.

Dr. Ahmed Fathi Sorour, Principles of Criminal Procedure Law, Dar Al-Nahda Al-Arabiya, Cairo, 1969, p. 33.

Dr. Muhammad Al-Fadil, A Concise Introduction to the Principles of Criminal Trials, Vol. 1, 4th ed., Al-Ihsan Press, Cairo, 1977, p. 438.

Dr. Mamoun Muhammad Salama, Criminal Procedures in Egyptian Legislation, Dar Al-Fikr Al-Arabi, Cairo, 1979, p. 214.

Ahmed Fathi Sorour, Cassation in Criminal Matters, Dar Al-Nahda Al-Arabiya, Cairo, 188, p. 160.

Muhammad Zaki Abu Amer, The Flaw of Error in Criminal Rulings, Dar Al-Matbouat Al-Jami'a, Alexandria, 1985, p. 265.

Dr. Muhammad Ali Al-Kik, The Causes of Judicial Rulings, Dar Al-Nahda Al-Arabiya, Cairo, 1982, p. 292.

Dr. Hassan Sadiq Al-Mardawi, Principles of Criminal Procedure, Manshaat Al-Maaref, Alexandria, 1972, p. 747.

Dr. Fawzia Abdul Sattar, Explanation of the Criminal Procedure Code, Cairo University Press, Dar Al Nahda Al Arabiya, Cairo, 1986, p. 581.

Qais Abdul Sattar Othman, Judicial Presumptions and Their Role in Proof, Shafiq Press, Baghdad, 1975, p. 195.

Thesis and Dissertations

Hilal Abdul-Ilah Ahmed, The General Theory of Evidence in Criminal Principles, PhD dissertation, without mention of university or place of publication, 1987, p. 949.

Muhammad Muhyi al-Din Awad, Publicity in the Penal Code, PhD dissertation, Al-Nasr Press, Egypt, 1955, p. 416.

Fadhel Zidan Muhammad, The Authority of the Criminal Judge to Confirm Evidence: A Comparative Study, PhD dissertation, University of Baghdad, 1987, pp. 282-289.

Fifth: Periodicals and Research

Article 174 of the Iraqi Judicial Rulings Magazine.

Laws

Iraqi Evidence Law No. 107 of 1979.

Egyptian Evidence Law in Civil and Commercial Matters.

Jordanian Evidence Law.

Iraqi Criminal Procedure Code No. 73 of 1971

Egyptian Criminal Procedure Code No. 50 of 1950.

Jordanian Law of Clarification in Civil and Commercial Matters No. 30 of 1952.

Jordanian Criminal Procedure Code No. 9 of 1961.

Cassation Decisions

Jordanian Court of Cassation Decision No. 651 of 2002, dated June 27, 2002, Adalah Center Publications.

Jordanian Court of Cassation, in its criminal capacity, Decision No. 1406/2003 (five-member panel), dated February 9, 2004, Adalah Center Publications.

Jordanian Court of Cassation, in its criminal capacity, Decision No. 636/2006, dated July 25, 2006, Adalah Center Publications. Presumption is considered the inference of an unknown fact from a known fact, and it is an admissible form of evidence in criminal matters.

Iraqi Court of Cassation Decision No. (81/28), General Panel/2000, dated July 5, 2000, Al-Qada Magazine, Issue 1, p. 131.

Decision No. 496, dated April 27, 1961, Collection of Legal Rules Decided by the Egyptian Court of Cassation, in Fifty Years of Suspicion, Vol. 1, Year 12, p. 399.

Decision No. 143/92, Jordanian Criminal Cassation, Jordanian Bar Association Magazine: 1993, p. 384.