The rule of admissibility of evidence in the criminal process of continental Europe

• Autor(a) principal: Skorupka, Jerzy
• Data de Publicação: 2021
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Revista Brasileira de Direito Processual Penal (Online)
• Texto Completo: https://revista.ibraspp.com.br/RBDPP/article/view/526
• topic: criminal process; law of evidence; admissibility of evidence; legality of actions of authorities; postulate of the moral integrity of the justice system.; processo penal; direito probatório; admissibilidade da prova; legalidade dos atos estatais; postulado de integridade moral do sistema de justiça.

This paper presents a doctrinal review of the rule of admissibility of evidence in the criminal process of continental Europe, which can be understood narrowly as applying exclusively to the question of acceptability, i.e. determination what evidence can be admitted. This rule can also be understood in broad terms and applied to determine not only the admissibility of evidence but also its relevance and adequacy. Much attention was paid to the functions performed by the admissibility rule, especially its guarantee function. The state of scientific discussion on the recognition of unlawfully obtained evidence as “inadmissible evidence”, and the author’s views on this issue were also presented.