نوع مقاله : علمی - پژوهشی
نویسندگان
1 دانشیار دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبائی
2 دانشجوی کارشناسی ارشد حقوق جزا و جرم شناسی دانشگاه علامه طباطبائی
چکیده
تازه های تحقیق
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کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Protecting rights of accused in a fair trial necessitates the obtained evidence in criminal procedure be according to the rules and the law. The principle of lawful evidence is accepted as a rule in American law as well as in Iranian law in certain cases to make sure that the principle of lawful evidence observed, in addition to other sanctions have mentioned inadmissible investigation and excluding the evidence providing rules have not been observed. The exclusionary rule states that any evidence which obtained by police or judicial officers illegally is not admissible. In American law the “exclusionary rule” and “the fruit of poisonous tree” have been predicted in case of violation of the fourth amendment (guarantee against unreasonable search and seizure). The first rule includes primary evidence in violation of rule of law and the second doctrine states that once the primary evidence (the tree) is shown to have been unlawfully obtained, any secondary evidence (the fruit) derived from it is also inadmissible. It should be noted that both of them are judge-made rules. Judicial precedent not only influence the territory of these theories but also exceptions of the rules.
کلیدواژهها [English]
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