Obtaining a criminal reason by relying on illegitimate actions

Subject Areas : International Legal Research

smaiil ghamari ¹ , اکبر وروایی ^{2 *} , masood ghasemi ³

1 - Humanities / Faculty of Law and Political Science / Islamic Azad University, Kermanshah Branch - Iran
2 - استاد دانشگاه علوم انتظامی امین، تهران، ایران. (نویسنده مسئول) [e-mail]
3 - Humanities / Faculty of Law, Political Science / Faculty of Islamic Azad University, Kermanshah Branch / Iran

Received: 2021-11-02 Accepted : 2021-12-30 Published : 2020-08-22

Keywords: Fair trial, Study of reason, criminal reason, local actions,

Abstract :

According to the Code of Criminal Procedure and the principles of the Constitution, resorting to illegitimate and illegal actions in obtaining criminal evidence is prohibited, and any action taken in this regard without relying on the relevant laws is not audible due to lack of evidence. It is possible for a person to take local and illegal measures to trap people in committing a crime. In fact, he encourages, incites, entices, etc. in accordance with Article 126 AH. M.A. should be prosecuted as a deputy of the crime. The whole process of criminal proceedings from the beginning to the end should be done according to the explicit text of the law and the law of the final chapter of any lawsuit There is no doubt that honorable judges who rely on their conscience will never generalize the reasons obtained through illegitimacy by resorting to unusual and illegal methods in the study of criminal reason. Give. The purpose of this article is to determine the practical and efficient criteria in ensuring a "fair trial" in the field of criminal procedure and the guidance and guidance of the legislator in preparing and compiling the reason for proof in criminal matters as the most important chapter of the criminal procedure chapters.