Article: Obtaining Evidence in Iran's Criminal Laws and International Documents

Evidence has been considered as one of the main bases of civil and criminal trial procedure and in Criminal Procedure Law, it would be impossible to attribute the criminal behavior to its perpetrator or prove innocence and consequently execute the penalties and provisional and educational arrangements or declare his innocence. In the criminal procedure system, the process of obtaining evidence and adapting it to the standards specified in the international and human rights related documents is one of the less considered cases. Regarding the phenomenon of globalization and tendency toward the creation of a global system of criminal procedure and the deficiencies of the national criminal systems specially observed in the system of proving the evidences of criminal cases, naturally tendency toward a human-based and human rights approach in collecting the criminal evidences has been welcomed which shows the existing deficiencies in the system of proving the evidences of criminal cases in a territorial framework and tendency to establish a system based on the goals of the criminal justice.