Ethical Requirements for Obtaining Evidence in the Criminal Proceedings
Akhlāq-i zīstī i.e., Bioethics Journal,
Vol. 15 No. 40 (1404),
14 July 2025
,
Page 1-16
https://doi.org/10.22037/bioeth.v15i40.42779
Abstract
Background and Aim: In criminal proceedings, one of the important issues is the issue of obtaining evidence. Obtaining evidence must be carried out in accordance with ethical and legal principles and standards, and collecting and presenting criminal evidence must be carried out in a legal and ethical manner. In collecting criminal evidence, in addition to observing principles such as the principle of innocence, important issues such as preserving the honor and human dignity of the litigants, observing the legal rights of the accused, obtaining evidence legitimately, transparency and honesty are essential. This research has been conducted with the aim of explaining the ethical requirements for gathering evidence in criminal proceedings.
Methods: This article is descriptive‑analytical and has been prepared and compiled using the documentary method, library resources, and note‑taking tools.
Ethical Considerations: Honesty and trustworthiness have been observed in all stages of writing.
Results: Any violation of the rights of the litigants or their human dignity is against the law and ethics. If the aforementioned ethical and legal issues are not observed in the process of trial and obtaining evidence, the evidence presented lacks legal validity, and it is necessary for the judicial authority to refrain from accepting and citing it in such cases.
Conclusion: Given that the relationship between morality and law is considered a General-particular relationship from one aspect, it is essential that judges and judicial authorities refrain from issuing decisions and actions that are contrary to moral values in the criminal trial process, and they must strive to observe moral principles and values in addition to observing legal principles. Violation of moral principles by judicial and law enforcement authorities, in addition to being considered inherently immoral behavior, will also lead to the loss of trust in society. In the trial process, the end does not justify the means, and the judicial system should not ignore moral principles and seek to collect evidence through illegitimate means solely with the aim of punishing the perpetrator or proving his or her committed behavior. The criminal system should reach a level of excellence that does not accept illegitimate means of obtaining evidence and rely solely on evidence obtained through legitimate methods in its decisions.
- Obtaining evidence
- Ethics
- Criminal proceedings
- Defendant
How to Cite
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