Surveying the Rule of the Exclusion of Evidence in Both Legal Systems of Iran and China

Document Type : Original Article

Author

Assistant Prof Department of law, Payame Noor University, Tehran, Iran

10.22091/ijicl.2026.14302.1199

Abstract

A fair trial to guarantee the defendants' defense rights requires that the cited reasons in the criminal trial process be legal and in accordance with the standards of the trial. The necessity of the principle of obtaining evidence through legitimate and legal means in Chinese law as a rule and in Iranian law in certain cases to guarantee the principle of legality of obtaining evidence in addition to other law enforcement guarantees, the invalidity of investigations and extracting the evidence in case of non-compliance with the regulations are mentioned. The principle, under the title of "the Principle of Invalidity of Evidence" indicates that the evidence obtained illegally by law enforcement or judicial authorities is considered invalid and it is excluded from the evidence against the accused. Due to the nature of the subject, the present study is applied in terms of purpose and in terms of data collection by documentary method and by studying valid laws and sources and the obtained information is analyzed descriptively-analytically. the comparison of the two penal systems confirms that the laws of both systems are ambiguous and inconsistent, and the strategies presented by them are inadequate and in some cases have been criticized by lawyers, so this can lead to conflicts of opinion and procedures and lack of due process. For example, the lack of definition and determination of the system of evidence refutation in the Iranian Criminal Procedure Code and the lack of necessary seriousness in implementing the rule of evidence rejection in China.

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Main Subjects

Iranian Journal of International and Comparative Law

Articles in Press, Accepted Manuscript
Available Online from 26 April 2026

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