The general rule excluding illegally obtained evidence is tied to the principle of legality, on which mode of adjudication the Italian Code of Criminal Procedure of 1988 is programatically based. It represents a legal limitation on judicial knowledge of the prohibited evidence, and prevents the judge from basing a ruling on the merit of the case upon pieces of evidence which were the result of violation of the rules wich govern the collection of evidence. The essay explores the scope and the effects of the rule along all stages of the proceeding and surveys the various types of evidence which must be excluded.
Italy: Statutory Nullities and Non-usability
ILLUMINATI, GIULIO
2013
Abstract
The general rule excluding illegally obtained evidence is tied to the principle of legality, on which mode of adjudication the Italian Code of Criminal Procedure of 1988 is programatically based. It represents a legal limitation on judicial knowledge of the prohibited evidence, and prevents the judge from basing a ruling on the merit of the case upon pieces of evidence which were the result of violation of the rules wich govern the collection of evidence. The essay explores the scope and the effects of the rule along all stages of the proceeding and surveys the various types of evidence which must be excluded.File in questo prodotto:
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