Abstract
A criminal act must be proved by legal reasons, but in addition to the necessity of legality of the reasons, the ways for obtaining the reason should not be in violation of the law. In Iran's criminal code, there are relatively detailed rules on the grounds reasons to prove crime and legal grounds for their probative powers but there is no systematic approach to obtaining reason in Iran's penal code and this leads to a difference in the value of the evidence obtained in contravention of the law. The new Criminal Procedure Code stipulates new rules on the value of evidence obtained in illegal ways. For this reason, the present thesis deals with research and study on the evaluation of evidence obtained in contravention of law and in this regard, we have investigated the declarative reasons (confessions, testimonies, oaths and testimonies) and acquiring reasons(inspections and tricky police actions) obtained through illegal means and this is the result of the fact that the declarative evidence obtained in a way contrary to the law has not legal value But there is no ban on tricky police actions in Iranian criminal law and the Iranian law's stance on unlawful inspections is ambiguous.
Highlights
The gravity center of claims is reason
The scope of the value of the material causes obtained in a manner contrary to the law in Iran's law is more than the nonmaterial reasons discussed and controversy since the legislator has taken a stance on the immaterial reasons, but there are ambiguities about the ascertainment reasons which in this paper, in the form of two general sections, material evidence obtained through illegal ways is evaluated
In Iran's criminal justice system there is no general rule forjudicial value of the reason obtained through illegal ways
Summary
The gravity center of claims is reason. The place and significance of reason in claims, especially in criminal claims, is unimaginable. For declarative reason (in civil matters) the judge does not play a very active role (Bahrami, 2010) He can not as for example the parties, leads them to the confession in the form of guided questions or looks for a witness to encourage her to testify at the expense of one of the parties. In criminal matters the judge plays an active role in addressing the causes of the news and can ask witness several questions for crime detection and or the prosecutor can investigate but has particular duty to look for witnesses in unpardonable crimes or challenge other declarative reasons. Such as aerial maps that document or record containing examination rooms and supply presumptionmemorandum and we know that some reason, such as presumptionare ascertainment reason, because the judge deals directly with the circumstances of the matter (Karimi, 2010). The scope of the value of the material causes obtained in a manner contrary to the law in Iran's law is more than the nonmaterial reasons discussed and controversy since the legislator has taken a stance on the immaterial reasons, but there are ambiguities about the ascertainment reasons which in this paper, in the form of two general sections (cagily actions, audits and inspections), material evidence obtained through illegal ways is evaluated
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