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استبعاد الادلة الجنائية غير المشروعة : دراسة مقارنة == Exclusion of illegal Criminal Evidence (A Comparative Study
Author name:
عبد الحسن دويج خفيف
Supervisor name:
ناصر كريمش خضر الجوراني
General topic:
Law
Specific topic:
Criminal Law
Degree:
Master
University:
University of Thi-Qar - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Dhi Qar
First pages:
13T1658 - p.pdf
Abstract:
The leading legal idea in the legislation of criminal procedural laws, is in the balance between the interest of society in the fight against crime, represented by the right of the state to punishment, and the interests of individuals in protecting their rights and freedoms guaranteed by the constitution, these laws take multiple ways to achieve that budget, all of which stem from the principle of criminal legality, that principle that delineates the process of criminal prosecution, which would determine what constitutes acceptable behavior to the parties to the criminal dispute and what is not, and ensure respect for what is imposed by this principle, We have asset of sanctions, come in the forefront of them, exclusion of illegal criminal evidence, through the waste of work contrary to that principle, in terms of its legal effects, and to exclude any potential benefit from that action, the exclusion of illegal criminal evidence in fact is a link between the theory of invalidity on the one hand and the theory of criminal evidence on the other, that is, what is derived from what is contrary to the theory of invalidity can not be accepted in the rules of criminal evidence.The importance of excluding illegal criminal evidence is highlighted by the paucity of the legislative rules governing it, and that they involve as well as substantive a delicate philosophical aspect, the subject of the study is related to many of the principles established in procedural criminal law, the exclusion of illegal criminal evidence is widely applied in the field, the rules of legality of criminal procedure are broad and numerous, and the possibility of violating them is natural and imagined in many cases, it is therefore important to protect the(B(right and freedoms of individuals from the abuse of power, so the subject of the study will be based primarily on what that idea is, through the definition and statement of nature and rationale and legislative status and the most famous discussions on the usefulness and rules and exceptions, this is done by comparing the position of Iraqi law on the one hand, and the United States of America and Egypt on the other.The study concluded that the exclusion of illegal criminal evidence is the basis of the constitution, although not in the explicit texts, as the spirit of the constitution leads to it, because it inters the field of right and freedoms which is the core competence of the constitution, but is the basic goes with it a presence and nothing, when a constitutional legislator establishes a right, the right holder must have access to it, otherwise his words will become, hollow and pointless, it is an increase, the constitutions are distinct from the increase, the exclusion of illegal criminal evidence was the effective means by which the right holder could be entitled to redress, this is based on the fact that the ordinary legislator complies with this basis and ensures that his texts are useful, the study also concluded, that the exclusion of illegal evidence is a means of judicial control, including the penalty imposed on the wrongful procedure and the resulting evidence by stripping it of its legal value, and destroy any effect that results from it, the realization of exclusion also enhances the confidence of individuals in the state, because it ensure that illegal evidence is not accepted, to accepting the defective means before the judiciary to obtain evidence.
