A Master’s thesis at the College of Law at the University of Karbala discussed “The Admissibility of Evidence Obtained Illegally in Criminal Evidence – A Comparative Study,” submitted by student Musa Abdul Khashan.
The study aimed to address this topic through the legal and judicial solutions adopted by Iraqi legislators and comparative legislation under the principle of criminal legality.
The study concluded that most procedural legislation, including the current Iraqi Code of Criminal Procedure, does not establish a general and comprehensive theory of the legality of criminal evidence. Furthermore, Iraqi legislators and comparative legislation are almost in agreement that confessions or testimony obtained through coercion, psychological or physical torture, and against the defendant’s will are not admissible. Furthermore, some modern scientific methods for obtaining evidence, such as lie detectors and hypnosis, are illegitimate, as they constitute a violation of individuals’ freedom and their right to remain silent.
Department of Media and Government Communication
College of Law – University of Karbala
