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In criminal law, balancing individual and social rights is a kind of justice that must be taken into account in criminal proceedings. In modern criminal law, requirements such as avoiding violations of physical rights, etc., are governed by ways and means of obtaining and collecting evidence, all of which are rooted in the principle of the legitimacy of reason. But in the meantime, there are a number of contexts that influence these requirements and cause authorities to take advantage of methods that more likely to depart from the norms of principle of the legitimacy when collecting evidence of crime. The present paper examines the aforementioned contexts.

Documentary and library methods were used to study the subject. Accordingly, the criminal law doctrines that have been written in the field of proof of the criminal case in various books and articles which surveyed the principle of the legitimacy of reason and the legitimacy of reason have examined; They were analyzed and described without using statistical indices with descriptive-analytic method.

Despite the use of illegitimate reasoning methods and incompatible practices with our ethical, religious and legal foundations, but existing facts, such as the lack of specialized crime discovery facilities, lead reason gaining to use these methods; In a way, the criminal prosecutor knowing that the police have used unauthorized methods to obtain evidence and cites the evidence presented in this way.

In criminal law, the principle of the legitimacy of reason gaining is one of the most important and fundamental principles of protecting, guarding and supervising criminal proceedings in order to fulfill their individual and social security. however, there are a number of contextual contexts in the criminal justice system that lead reason obtaining authorities, including the police, to depart from the principle of reason legitimacy. Predicting systematic and systematic laws for the study of the cause will remove the problem of personal and social security.