Comparative Approach to the Exclusionary Rule in the Common Law and Iran's Criminal Justice System

The exclusionary mechanism has been approved by different criminal justice systems in various forms. While basic principle of approval of this rule in English legal system is restitution and compensation to victims of police abuse of power, American legal system mainly emphasises on the impact of this rule in deterring police violation of defendant's rights. Iranian penal code has recognized this rule in particular criminal case. It seems that translation of this rule into national criminal laws has been under the impact of international instruments and comparative studies without considering its theoretical basis and other necessary legal and administrative mechanisms. That is why this rule has remained at the rhetoric level and it is hardly come to reality, even in the case of gross violation of defendant's rights such as physical torture.