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

Document Type : Original Article

Author

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

Abstract

A fair trial that guarantees defendants’ defense rights requires that the reasons cited in thecriminal trial process be legal and in accordance with the standards of the trial. The necessity ofthe 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, inaddition to other law enforcement guarantees, the invalidity of investigations and extracting theevidence in case of non-compliance with the regulations is mentioned. The principle, titled “thePrinciple of Invalidity of Evidence,” holds that evidence obtained illegally by law enforcementor judicial authorities is invalid and excluded from evidence against the accused. Due to thenature of the subject, the present study is applied in terms of purpose and in terms of datacollection by documentary method and by studying valid laws and sources, and the obtainedinformation is analyzed descriptively-analytically. The comparison of the two penal systemsconfirms that the laws of both systems are ambiguous and inconsistent, and that the strategiesthey present are inadequate and, in some cases, have been criticized by lawyers, leading toconflicts of opinion and procedures and a lack of due process. For example, the lack of definitionand 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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