THE MEANING AND FOUNDATION OF THE PRINCIPLE OF FREE OBTAINING AND EVALUATION OF EVIDENCE IN CRIMINAL PROCEDURE

Document Type : Research Paper

Authors

1 Assistant Professor of Law of Shahrekord University

2 Assistant 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