Comparative Law Perspectives on the Exclusion of Evidence Obtained Illegally in the Criminal Proceedings

Abstract

The exclusion is an institution conceived by the common-law legal system, being taken over by the continental law system. In both law systems, it is applied differently, in some national legislations being applied as a mandatory rule in any infringement cases, in other being applied as stand-alone sanction, but only in certain conditions and when the competent courts of competent jurisdiction appreciate it is necessary for the proper course of justice and for keeping an unblemished image in relation to it. A few comparative law perspectives related to the institution of excluding illegally obtained evidence in the criminal proceedings are presented in this study, according to the legislations of the different states of law which have embraced, as case maybe, common law or continental law legal system.