القيود الإجرائية في تطبيق قاعدة استبعاد الأدلة المتحصلة بطرق غير مشروعة في نطاق الإجراءات الجنائية

Abstract EN

Criminal justice is a dear demand for all parties to a criminal case, whether the accused, the investigative authority, or the trial authority, but it is a demand dear to the whole society.

There is no doubt that the rule of excluding unlawfully obtained evidence from the scope of evidence against the accused represents an important pillar of criminal justice.

The rule of exclusion of illegally obtained evidence means that the court shall not rely in convicting the accused except on evidence derived from procedures in conformity with the law.

As for evidence contrary to the law, the court must exclude it and not rely on it in ruling convicting the accused.

The court does not automatically exclude unlawful evidence.

Rather, the stakeholder or the person with capacity must persist in applying the mentioned rule of exclusion.

And this rule is adhered to through a certain mechanism, which is the request not to accept unlawful evidence.

And whoever adheres to the implementation of this rule must apply the illegality of the evidence demanding its exclusion, and that is by proving that the procedures that resulted in this evidence violate any legal rule.

As a result of the defendant’s success in proving the illegality of the procedures that resulted in evidence, this evidence must be excluded from the scope of the evidence presented against the accused, and any other evidence resulting from this evidence against the law must be excluded.