Review article

Exclusion of Illegally Obtained Real Evidence in Comparative Law

Željko Karas ; Lecturer, Police College, Zagreb
Davor Štrk ; Deputy Head, Police College, Zagreb

Abstract

The paper discusses the standpoint of comparative law on the exclusionary rule in search and seizure. Research confirms that most European criminal procedures do not apply an automatic exclusionary rule on real evidence. The few countries that use automatic exclusion do not include a wide range of injuries and have many exceptions. Most states use a discretionary model and this approach is also used by the European Court of Human Rights and the international criminal courts. The American approach is not accepted in common-law countries, so neither the English, Canadian nor Australian criminal procedure uses the mandatory exclusion of illegal evidence. The American model was rejected after being introduced in criminal procedure in New Zealand and Belgium. In post-communist countries, there are no unique trends in this field. The acceptance of the American influence is evident in some provisions of the Croatian system which uses automatic exclusion with a wider scope of exclusion than the original American exclusionary rule.

Keywords

illegal evidence; material evidence; comparative law

Hrčak ID:

129505

URI

https://hrcak.srce.hr/129505

Publication date:

23.9.2013.

Article data in other languages: croatian

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