نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
In criminal proceedings, the pursuit of truth and justice requires the use of evidence, while compliance with legal and Sharia requirements in evidence gathering is essential to a fair trial. This study addresses whether the unlawful method of obtaining evidence necessarily invalidates the evidence itself and deprives it of probative value. Using an analytical approach, this research examines the jurisprudential and legal foundations of the instrumental and truth-revealing nature of evidence, the effects of prohibitive rules, and the distinction between the unlawfulness of evidence gathering and the validity of the resulting evidence. It also considers the roles of law enforcement officers, complainants, and third parties in obtaining evidence. The findings indicate that the unlawful acquisition of evidence does not automatically render the evidence inadmissible. Prohibiting the conduct of the person obtaining evidence does not, by itself, establish the invalidity of the resulting evidence unless an independent legal or Sharia-based ground supports exclusion. However, exclusion may be justified when the violation undermines fundamental rights, compromises the reliability or integrity of evidence, or conflicts with rules that expressly prohibit its use in criminal proceedings. Therefore, the admissibility of unlawfully obtained evidence must be assessed on a case-by-case basis, considering the nature and purpose of the violated rule, the severity of the violation, its effect on evidentiary reliability, and the applicable legal or Sharia-based requirements.
کلیدواژهها English
