Rule of exclusion of evidence obtained by illegal means in the Iraqi and comparative criminal legislation and judiciary

Abstract

The legality of the evidence is one of the basic components of procedural legitimacy in general, which requires that the law be the source for every rule that allows infringement of rights and freedoms. The criminal procedures are, in essence, and reality, guarantees of the rights and freedoms of the accused, which ensure that his freedom is not violated and the right to defend himself. These procedures were going through two stages, one before the trial and the other taking place during the trial. In each of these two stages, the freedom of the accused is exposed to several risks, arrest, arrest, interrogation, and monitoring of correspondence and communications, so these procedures must be carried out in accordance with the rules specified in the law – the Code of Procedure  Criminal – that the constitutional legitimacy of the Code of Criminal Procedure is based mainly on the protection provided by the Code of Criminal Procedure for the rights and freedoms guaranteed by the Constitution, and without the application of the Code of Criminal Procedure, it is not possible to apply the Penal Code, that is the road linking the two stages of criminalization and punishment, and through it, the Penal Code moves from criminalization to punishment, and for this to be achieved, criminal procedures must be carried out as acts  Legal aims to protect rights and freedoms within the framework of constitutional legitimacy based on the origin of innocence, and therefore the evidence presented to prove what contradicts the origin of innocence must be legitimate, that is, it should not be the result of procedures tainted by violating personal freedom and rights of defense, and if it is, it is considered illegal evidence and it is not valid  Reliance on it to issue a verdict of conviction.