Document Type : Original Article
Authors
1
PhD Student in Criminal Law and Criminology, Department of Law, Ghods Branch, Islamic Azad University, Tehran, Iran.
2
Department of Law, University of Science and Culture, Tehran, Iran (Corresponding Author)
3
Department of Law, Kurdistan University, Kurdistan, Iran.
4
Department of Law, Ghods City Branch, Islamic Azad University, Tehran, Iran
10.30510/psi.2022.321089.2843
Abstract
Criminal procedure is the manifestation of the confrontation between "security" and "freedom", in other words, the scene of the challenge between public order on the one hand and the protection of individual rights and freedoms on the other. In this fear, the process of obtaining evidence in order to identify criminals and prosecute them is one of the most important steps in the investigation and the place of serious conflict between individual rights and public power. The fundamental principle governing this process, namely the principle of freedom to study reason, is the necessity of studying reason in every possible way in order to restore the lost order of society, and its actions certainly violate the individual freedoms and privacy of citizens. The factor that creates the balance is the legitimacy of the study of reason in our law and the valid rule of not recognizing illegitimate arguments in the common law system. Therefore, in this article, we will try to study and analyze this issue.
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