Rule of Excluding Illegal Evidence in Criminal Procedures: An Analytical Study in Qatari Law and Judiciary

Qatar's criminal legislation and judiciary have taken a firm stand on evidence obtained, whether through legal or illegal means. The current study specifically aims to trace the position of Qatari law, jurisprudence and judiciary in relation to evidence obtained via illegal means. The study bas...

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Bibliographic Details
Authors: Al-Rawashdeh, Prof Dr Sami H. (Author) ; Al-Tarawneh, Dr Hasan A. (Author)
Format: Electronic Article
Language:English
Published: 2024
In: International journal of criminal justice sciences
Year: 2024, Volume: 19, Issue: 2, Pages: 57-93
Online Access: Volltext (kostenfrei)
Check availability: HBZ Gateway
Keywords:
Exclusionary Rule
Illegal evidence
Qatari law
criminal procedures
Judiciary
Description
Summary:Qatar's criminal legislation and judiciary have taken a firm stand on evidence obtained, whether through legal or illegal means. The current study specifically aims to trace the position of Qatari law, jurisprudence and judiciary in relation to evidence obtained via illegal means. The study based its analysis mainly on Article 232 of the Criminal Procedures Law No. (23) of 2004, which stipulates that the rule of excluding illegal evidence is adopted by Qatari criminal law, at least in theory. There has not been much discussion against admitting evidence obtained illegally or how much weight should be given in regional or global contexts, particularly in Qatari or Egyptian jurisprudence, in contrast with English and American legislations. The study came to the conclusion that Qatari judicial interpretation on this subject does not consider the text of Article 232 of the Code of Criminal Procedure, which expressly states the rule of exclusion, and instead clearly and explicitly favors dealing with illegal evidence through the theory of invalidity. The study also shows that the Qatari judiciary failed to establish a theoretical framework that the judge of the subject matter could be guided by drawing the dividing lines between the theory of invalidity on one hand, and the rule of exclusion on the other.  If this ruling becomes a widely accepted interpretation, it opens the door for the acceptance of illegal evidence under the pretext that it is only a presumption meant to strengthen other evidence of proof.
ISSN:0973-5089