Conditions of detention and restriction of the accused's freedom Except rightly based and the inadmissibility of the use of Unlawful evidence

Document Type : Original Article

Author

university

Abstract

This research aims to address one of the most important pillars of criminal justice, namely the protection of the accused's individual freedoms. The study further analyses the legal requirements to be met for restricting the accused's freedom through imprisonment, focusing on the principle of "the inadmissibility of the use of unlawful evidence", as it is an important subject in the area of criminal law and human rights, by addressing the provisions on pretrial detention and the use of evidence, and emphasizes the importance of balancing the need to combat crime and protect the rights of individuals. The study found several findings, including the importance of the principle of the origin of innocence, according to which every accused person is presumed innocent until proven guilty by judgement, and that there are many legal conditions to be met to justify pretrial detention, such as: There are substantial grounds for imprisonment, such as the risk of the defendant escaping or influencing witnesses, that the detention decision is issued by a competent judicial authority and that there is a time limit for pretrial detention. The study recommended the need to train the judiciary and the police and to raise awareness of the importance of individual freedoms and the accused's rights.
 
 

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