Evaluating ascertainment proofs obtained through illegal means

Mina Mehrvand, Khalil Afandak

Resumo


A criminal act must be proved by legal reasons, but in addition to the necessity of legality of the reasons, the ways for obtaining the reason should not be in violation of the law. In Iran's criminal code, there are relatively detailed rules on the grounds reasons to prove crime and legal grounds for their probative powers but there is no systematic approach to obtaining reason in Iran's penal code and this leads to a difference in the value of the evidence obtained in contravention of the law. The new Criminal Procedure Code stipulates new rules on the value of evidence obtained in illegal ways. For this reason, the present thesis deals with research and study on the evaluation of evidence obtained in contravention of law and in this regard, we have investigated the declarative reasons (confessions, testimonies, oaths and testimonies) and acquiring reasons(inspections and tricky police actions) obtained through illegal means and this is the result of the fact that the  declarative evidence obtained in a way contrary to the law has not legal value But there is no ban on tricky police actions in Iranian criminal law and the Iranian law's stance on unlawful inspections is ambiguous.


Palavras-chave


Declarative reasons; Acquiring reasons; Tricky actions; Criminal procedure;

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DOI: http://dx.doi.org/10.18468/estcien.2018v8n3.p49-59

Direitos autorais 2019 Estação Científica (UNIFAP)

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