Culmination of Law

Culmination of Law

A comparative study in guarantees of obtaining Illegal evidence by Judicial Officers in Iranian and American Criminal Law

Document Type : Original Article

Authors
Yedollah Gholamipour 1
Hamid Delir 2
Sayed Mahdi Ahmadi Mousavi 3
Mohammad Barani 4
1 Ph.D. student, Department of Criminal Law and Criminology, Rafsanjan Branch, Islamic Azad University, Rafsanjan, Iran
2 Assistant Professor, Department of Criminal Law and Criminology, Rafsanjan Branch, Islamic Azad University, Rafsanjan, Iran
3 Assistant Professor, Department of Criminal Law and Criminology, Rafsanjan Branch, Islamic Azad University, Rafsanjan, Iran.
4 Assistant Professor, Department of Criminal Law and Criminology, University of Police Sciences, Tehran, Iran.
10.22034/thdad.2023.543825.2042
Abstract
The guarantees of lawful evidence can be explained in two models: "methodical and consequential". In a method model, the mere illegality of obtaining evidence leads to a rejection of its positive value, even if the accused has committed a crime. In American law, which follows this model, the principle of obtaining evidence is referred to as the " exclusionary rule ". Actions of judicial officers such as entrapment and Formal transactions are remedies for criminal liability and the reasons learned in this way can not be cited. Declaring evidence in favor of the accused is known as the "Brady rule" and the accused has the right to object the reasons given for his arrest. Iranian criminal law follows the result model due to the lack of guarantees such as the " The rule of invalidity of reason"; Because in this model, the method of gathering the reasons is not the basis and focus point, but the overall effect of this method on the outcome of the trial is the criterion. Obtaining evidence illegally, although in some cases initially leads to their discrediting, but the same evidence in judicial practice is considered as presumption and one of the ways that judges gain knowledge to achieve outcome of the trial. One of the results of this model is central confession in the Iranian penal system, which has led to pay proper attention to the method of obtaining it, and the other is the lack of provision of appropriate and effective enforcement guarantees for evidence that violates the defense rights of defendant.
Keywords
exclusionary rule
executive officer
crime detection
enforcement guarantee
confession

Subjects

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Culmination of Law
Volume 10, Issue 2
Autumn 2024
Pages 161-192