Judicial Procedures to Ensure the Observance of Legitimacy Principle in Obtaining Evidence during the Interrogation of Defendants and Witnesses

Finding the truth is always regarded as one of the most significant issues in criminal proceedings, which can be accomplished through obtaining evidence. As the focal point of criminal claims, the evidence must be legitimate and legal, and its acquisition and use must also adhere to the principle of legitimacy in obtaining criminal evidence. Although one of the fundamental purposes of criminal procedure is to punish criminals in society, fulfilling this important purpose should not justify using any illegal force against the accused. It is because using illegal techniques can never be equated with fairness or justice; in such cases, discussing a fair trial would be unfair. Although the freedom of obtaining evidence is in opposition to the protection of human rights, public security necessitates that the judicial authorities not hesitate to use any evidence to ascertain the truth. Therefore, the first step toward ensuring a fair trial is to follow the principles and standards controlling criminal evidence, particularly when it comes to obtaining evidence during the preliminary investigation phase and applying it during criminal proceedings.