The Role of Ethics in the Obtaining Evidence in Iranian and Egyptian Law
Akhlāq-i zīstī i.e., Bioethics Journal,
Vol. 11 No. 36 (1400),
17 August 2021
,
Page 1-14
https://doi.org/10.22037/bioeth.v11i36.35603
Abstract
Background and Aim: According to the Code of Criminal Procedure and the principles of the Constitution, resorting to illegal actions in obtaining criminal evidence is prohibited, and any action taken in this regard without relying on the relevant laws, firstly, It is not heard because of illegitimate way through obtaining evidence; Secondly, for the reasons of the proof obtained in this way, the effect is not arranged. Our aim in this article is to examine the place of ethics in the obtaining evidence in the criminal law of Iran and Egypt.
Materials and Methods: This is a descriptive-analytical study, which has been prepared by using the documentary method and taking notes.
Ethical Considerations: From the beginning to the end of the article, it has been prepared and compiled with adherence to the principles of honesty and trustworthiness.
Findings: The study of views in the criminal law of Iran and Egypt shows a great convergence between the criminal legal system in the field of evidence in the two countries. In Egyptian criminal law, although the system of legal evidence prevails, the contentment of conscience, which relies on ethical teachings, has established its position because the judge can rule against the legal evidence.
Conclusion: Both legal systems of Iran and Egypt using criminal principles and relying on ethical principles in obtaining evidence, have put the teachings of criminal jurisprudence at the forefront, and judges have been instructed that if this obtaining evidence is not a reason in a correct and legal way, it is out of evidence and can not be heard.
Cite this article as: Atasheneh M, Bonyani K. The Role of Ethics in the Obtaining Evidence in Iranian and Egyptian Law. Majale "Akhlāq-i zīstī" (i.e., Bioethics Journal). 2021; 11(36): e34.
- The Reason; Ethics; Reason in Criminal Matters; Obtaining Evidence; Persuasion of the Judge; Proof of Fact
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