نوع مقاله : مقاله پژوهشی
نویسنده
استادیار دانشگاه شهید بهشتی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
One of the sanctions in some legal systems to respect law in achieving considered evidences is the gathered evidences which are resulted from unlawful measures of officers are not qualified to be presented and given in courts. It is known as “the Exclusionary Rule” and like this, in the legal system of the United States in relation to the illegal inspection and seizure it is operated. With respect to this principle, in some cases exercising this rule leads to not convict the dangerous criminals and it has provoked a lot of criticisms and the United States Supreme Court has attempted to restrict the scope of this rule in recent years. But in the legal system of Iran, the code of the criminal procedure of Iran (codified 1392) has a (short) look to this rule and is accepted a manifestation of it (the right to have a lawyer) in its note 1 of Article 190. But this legal requirement never has been implemented and before it was put into effect or implemented, it was changed in the reforms of the mentioned law in 1394 and “the Exclusionary Rule” is rejected. The principle 38 of the Constitution of the Islamic Republic of Iran and Article 9 of the law has clearly stated (accepted) the legitimate freedoms, and the protection of the citizens’ rights and in spite of being forbidden all forms of torture for the purpose of extracting confession or acquiring Information but they basically (fundamentally) differ from “the Exclusionary Rule” and for this reason the existence of these principles do not indicate the acceptance of this rule in law of Iran. Therefore, now practically there is no instance of the mentioned rule in the criminal law of Iran.
کلیدواژهها [English]
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