University of Guilan (with the participation of the Iranian Association of Penal Law) Criminal Law Research 2322-2328 12 2 2021 11 22 Strengthen the Rule of Law by Refuting Investigations and Removing Evidence Strengthen the Rule of Law by Refuting Investigations and Removing Evidence 293 318 5196 10.22124/jol.2021.18062.2014 FA Mohammad Morosi Dargah PhD student in Jurisprudence and Criminal Law, Islamic Azad University Damghan Branch, Damghan, Iran Behnam Youssefian Shoredeli Assistant Professor of Criminal Law and Criminology , faculty member of Islamic Azad University Damghan Branch, Damghan, Iran Journal Article 2020 10 31 In systems based on the rule of law, gross violations of fundamental rights and freedoms committed by judicial or law enforcement officials, particularly illegal intrusion into the privacy of individuals and using interrogation methods having the risk of obtaining false confessions or information are not tolerated. Investigative actions conducted by persons other than licensed law enforcement officials, investigations without guaranteeing access to a lawyer, compulsion to confess and testify are important examples of such breaches, in case of which the investigative action or the evidence obtained may be considered null and void in the Iranian criminal justice system. Meanwhile, if the rule of law is to be upheld, considering the numerous benefits of setting aside illegally obtained evidence, the possibility of invalidating investigations or evidence obtained through illegal methods must be extended and the procedures for handling relevant claims must be clarified In systems based on the rule of law, gross violations of fundamental rights and freedoms committed by judicial or law enforcement officials, particularly illegal intrusion into the privacy of individuals and using interrogation methods having the risk of obtaining false confessions or information are not tolerated. Investigative actions conducted by persons other than licensed law enforcement officials, investigations without guaranteeing access to a lawyer, compulsion to confess and testify are important examples of such breaches, in case of which the investigative action or the evidence obtained may be considered null and void in the Iranian criminal justice system. Meanwhile, if the rule of law is to be upheld, considering the numerous benefits of setting aside illegally obtained evidence, the possibility of invalidating investigations or evidence obtained through illegal methods must be extended and the procedures for handling relevant claims must be clarified https://jol.guilan.ac.ir/article_5196_49f6c52f206302585de9ea31ff469d84.pdf