EVIDENCE ADMINISTRATION - LEGALITY AND LOYALTY EXCLUSION OF ILLEGALLY OBTAINED EVIDENCE
EVIDENCE ADMINISTRATION - LEGALITY AND LOYALTY EXCLUSION OF ILLEGALLY OBTAINED EVIDENCE

Summary/Abstract: The principle of legality and loyalty in the administration of evidence is regularly according to which in criminal proceedings evidence must be administered in compliance with legal provisions. Violation of these rules entails the sanction of excluding illegally or unfairly administered evidence. Derived evidence is legally administered evidence, but is closely related to illegally obtained evidence. The limits within which disciplinary liability may be incurred in the event of a violation by the magistrate, in bad faith or grossly neglected, of the rules of procedure or substantive law, more specifically the disciplinary liability of the prosecutor for the illegal administration of evidence against criminal liability.

• Details
• Contents