Sanction of proceedings in the field of criminal evidence

Document Type : Original Article

Authors

1 PhD In Penal Law & Criminology Professor of university Attorney at Law

2 PHD student

3 Assistant Professor

Abstract

One of the characteristics of every legal rule is to benefit from the proper sanction of that rule. This sanctions will guarantee compliance with the rule and indicate its status and value. The most well-known sanctions of legal rules for the implementation of legal rules is criminal, civil and administrative sanctions, which the legislator takes advantage of according to each legal rule and its nature. One of the sometimes unwritten and even less well-known sanctions of the legislator in the field of criminal proceedings is the sanction of nullity or invalidity of evidence of criminal proceedings. On the one hand, compliance of the principle of legality of obtaining criminal evidence requires that both the reason and the method of obtaining evidence be legitimate and legal, and on the other hand, the principle of legality of proceedings requires that the process of proceedings is subject to legal rules and regulations. Nullity of evidence or invedtigations as a sanction of the execution of the proceedings is aimed both at guaranteeing the observance of the rules of the proceedings in order to protect the interests of the litigants, especially the accused, and also at the prevention of non-compliance with these rules and forcing the law enforcement personnel of criminal justice to follow them. Considering the criminal rules in Iranian law, the issue of nullity has rarely been considered as a sanction of the proceedings, but in the French criminal procedure, several regulations can be considered in this regard.

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History

  • Receive Date: 11 September 2023
  • Revise Date: 11 March 2024
  • Accept Date: 13 April 2024

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