The Role of Conversion in the Inadmissibility of Evidence

Abstract

Summary

The application of the rule of false evidence, to apply the false evidence role which it does not have any legal effect on the launch to harm the criminal justice, where it leads to imbalance between the interest of society and the interest of the criminal and to avoid the idea of conversion to reduce the cases of invalidity.

Therefore, the idea of ​​conversion, which was based on the rule of Criminal Procedure, is based on the fact that the false evidence does not mean that the law has ended, and contrary to the logic of nullity, the effect of the new evidence has a legal effect and contrary to the logic of invalidity, His pillars were found in the false evidence.

The forensic evidence is reversible if the old and new evidence are linked to a common association and the Association is usually described as the purpose association which is the purpose established by law to reach at the truth. However, the failure to apply the rule of legality as a condition of duty in the evidence of innocence and restrict it to evidence of conviction on the basis of each defendant who enjoys his innocence until he is convicted by the final verdict and take it to launch harms the interest of society, especially with the increasing process of lawlessness in a steady manner.

Hence, the importance of the idea of ​​a shift in criminal proof is that the shortcomings in the process of detecting the crime are dealt with, and then proved through attention to the possibility of turning procedural rules and trying to strike a balance between the interests of society and the interest of the individual.

What happens in the transformation is that the false evidence is generated from another false evidence that is considered correct, and that all its effects result from it, although it does not contain all the elements, but the elements that must be approved by the false evidence are the basic elements required by the legal system as the conditions of validity of the second guide.