Stručni rad
https://doi.org/10.54070/hljk.28.1.5
Legality of Evidence in Comparative Law and the Law of Bosnia and Herzegovina
Alen Lukač
; Općinski sud Srebrenik, Bosna i Hercegovina
Sažetak
This paper considers the principle of legality of evidence in the criminal procedure law of Bosnia and Herzegovina from the theoretical, normative and practical aspect. The paper analyses comparative legal solutions in the United States, as well as the jurisprudence of the European Court of Human Rights, with special reference to the most important decisions of the Supreme Court of the United States which laid the foundation for the theoretical principles of that country’s exclusionary rule. Then, the regulation of the principle of legality of evidence in the BiH legal system is analysed, with a presentation of the legal positions of court practice, primarily that of the Supreme Court of the Federation of Bosnia and Herzegovina, which relate to the institute of legality of evidence. As part of the above, two subcategories of so-called primary illegal evidence are examined, with special reference to the semantic contextual analysis of the provision and the view that these two subcategories are set alternatively rather than cumulatively. Finally, proposals are presented de lege ferenda, all with the aim of the more complete regulation of the institute of legality of evidence in BiH.
Ključne riječi
legality of evidence; exclusionary rule; Supreme Court of the United States; European Court of Human Rights; material violations of criminal procedure provisions
Hrčak ID:
269245
URI
Datum izdavanja:
14.10.2021.
Posjeta: 1.260 *