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.

Keywords

Main Subjects

References

Ashuri, M. (2019). Criminal Procedure Law, 13th ed. Samat Press. Tehran.
Fallahnezhad, F. (2020). A Fair Trial in the Process of Criminal Procedure in the Penal System of the People's Republic of China with an Attitude to International Documents. PhD Thesis, Tehran Azad University.
Farajiha, M, &Moghadasi, M. B. (2008). A Comparative Approach to the Valid Rule of Ignorance of Evidence in the Criminal Justice System of Common Law and Iran. J. Modares of Humanities. (3) 113-144.https://ensani.ir/fa/article/8397
Goldouzian, I. (1991). Invalid Reason and Its Effects in Different Legal Systems. J. L & Political Science of the University of Tehran. ( 26) 63-64. https://ensani.ir/fa/article/15721
Heydari, E. (2014). The Validity of Judge Science in Issuing Criminal Verdicts in the Islamic Penal Code Approved in 2013. J. Crim. L. Scientific Studies. (2) 89-110. https://jol.guilan.ac.ir/article_50.html
Kalantari, K, & Salmanpour, A. (2019). The Status of Judge Science in Proof of Criminal Practice in Iranian Law. J. Crim. L. Research. ( 2)165-186. 10.22124/jol.2019.5424.1225
Lewis, M.K. (2011). Controlling Abuse to Maintain Control: The Exclusionary Rule in China. Int’L J. Politics. (43) 632-639. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1674509
Lin Yu-Hsiung. (2013). Review of The Criminal Judgment of Supreme Court Division, first ed, Wuzhao Press, Taipei.
Moazenzadegan, H. A, & Kourehpaz, M. H. (2016). Guarantees of Enforcement of Violation of Citizenship Rights in the Police Investigation Process. J. Crim. L. Doctrines. (11)53-86. https://cld.razavi.ac.ir/article_642.html
Moghadasi, M. B., & Yazdani, J. (2017). Credibility of Evidence Compiled by Justice Officers in Iran's Penal System. J. Security Protective Research of Imam Hossein University. (23) 132-133.  https://journals.ihu.ac.ir/article_201066.html
Mousavi, Seyed Alireza, &  Ghasemi, Masoud. (2020) Investigating the Moral Challenges of the Right to Silence of the Accused in the Iranian Legal System. Ethical Research.4(10).235-254. 20.1001.1.23833279.1399.10.40.14.8
Na, Jiang. (2018). Excluding Tortured Confessions in the People's Republic of China: A Long March Towards the Eventual Abolition of Torture?  Int’l. J. Crime & Justice. (54)1-10
Najafi, T. A., & Saadatmehr, S. M. (2015). Interrogation: Methods and Requirements, J. Detection. (32)7 63-72. https://www.noormags.ir/view/fa/articlepage/1090677
Rajabi, T.A.E. (2016). Mechanisms of Observing the Right to Silence and Access to Lawyers During the Interrogation of Justice Officers, PhD Thesis, Tehran Tarbiat Modares University.
Saber, M., & Naghdinejad, M. (2011). Investigating the Criteria for Interrogation of the Accused in Initial Preliminary Investigation. J. Police Knowledge. (4) 143-176. https://www.sid.ir/paper/100527
Sabouripour, M.(2015).The Exclusionary Rule (The Principle of Rejecting Evidence) in the Law of the United States and Comparing with the Similar Sanctions in the Law of Iran. J. CRIM. L. Doctrines. (12) 129-154.  https://cld.razavi.ac.ir/article_677.html
Shakeri, A.H., & Shirazi, G.R. (2015). The Right to Silence and the Duty of Prosecution Authorities in the Criminal Procedure Code of 2014.  J. Police Knowledge of North Khorasan Applied Research Office. (7) 101-114.  https://civilica.com/doc/1850797
Soheil, M. S., & Moazenzadegan, H. (2016). The Rule of Invalidation of Evidence in Criminal Procedure with an Emphasis on American Law. J. Crim. L. and Criminology Studies. (2)243-267.  https://jqclcs.ut.ac.ir/article_62432.html
Sun, Yuan. (2016). The Outline of Substantial Interpretation on the Privilege Against Self － incrimination.  Tribune of. Political Science and Law. (2)59-69. http://iolaw.cssn.cn/fxyjdt/201608/t20160811_4643470.shtml
Wang, S. F. (2007). The Principle of Non-Self-Incrimination. National Chengchi University. URI: http://thesis.lib.nccu.edu.tw/record/#G0896510281
Zeraat A.(2011). Invalidation in Criminal Procedure, First ed. Mizan press. Tehran.
Zhi, Y. G. (2019). Torture and Exclusion of Evidence in China. China Perspective. (1) 45-53. https://doi.org/10.4000/chinaperspectives.8742
Iranian Journal of International and Comparative Law
Volume 4, Issue 1
June 2026
Pages 140-156

Files

Share

How to cite

Statistics