Legal nature of deposits in Banks The scope of free obtaining of evidence in criminal procedure of Iran and England

Document Type : Research Paper

Authors

PhD student in Public Law, Faculty of Law and Political Science, Shiraz University

10.22099/jls.2014.2354

Abstract

Code of Criminal Procedure, sometimes manifested in a confrontation between "security" and "freedom" and other words the challenge of maintaining public order and security on the one hand and protection of the rights and freedoms of the individual.
The process of obtaining evidence in order to identify the perpetrators and prosecute them in criminal courts most important and most critical stages of criminal investigation and serious opposition to individual rights and public power, Fundamental principle governing this process namely principle of free obtaining of evidence due obtaining of evidence in any way possible In order to identify the perpetrators of criminal acts in the shortest time and at any price in order to restore order. Absolute exercising of this Principle endangers individual freedoms and privacy of citizens. Balancing Factor is legitimacy of evidence in our law and exclusionary rule in England that require rights and freedoms of the individual and dignity of criminal justice.
 
 

Keywords

Journal of Legal Studies
Volume 6, Issue 2 - Serial Number 2
September 2014
Pages 1-32

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