THE MEANING AND FOUNDATION OF THE PRINCIPLE OF FREE OBTAINING AND EVALUATION OF EVIDENCE IN CRIMINAL PROCEDURE | ||
| مطالعات حقوق خصوصی | ||
| Article 12, Volume 43, Issue 1, May 2013, Pages 215-234 PDF (280.17 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.22059/jlq.2013.35288 | ||
| Authors | ||
| Elham Heidari* 1; Mohammadjavad Fathi2 | ||
| 1Assistant Professor of Law of Shahrekord University | ||
| 2Assistant Professor of Law of Tehran University (Pardis of Qom) | ||
| Abstract | ||
| Fundamental importance of evidence in the criminal procedure reveals necessity of a deep study of that and its principles. One of The progressive principle governing of evidence in criminal procedure, Is free proof .that is involving free obtaining and evaluation of evidence. According to this advanced principle that there are no restriction in presentation and acceptance of evidence unless with stipulation of legislator. Moreover judges possess freedom to evaluation of evidence. Deep study of that principle reveals that that foundation is in presumption of innocence, public policy, justice and necessity of judgment in justice from religious jurisprudence. | ||
| Keywords | ||
| Free Proof; Obtaining of Evidence; Evaluation of Evidence; Criminal Procedure; Public Policy; Justice | ||
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