Editorial of dossier “Admissibility of Evidence in Criminal Process. Between the Establishment of the Truth, Human Rights and the Efficiency of Proceedings”

• Autor(a) principal: Kremens, Karolina
• Data de Publicação: 2021
• Outros Autores: Jasiński, Wojciech
• 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/537
• topic: admissibility of evidence; rights of individual; plea-bargaining; digital evidence; illegally obtained evidence.; admissibilidade da prova; direitos individuais; barganha penal; prova digital; ilicitude probatória.

The rules on the admissibility of evidence secure accurate fact-finding as a prerequisite for the correct application of substantive criminal law and proper operation of the criminal justice system in society. But the search for the truth must be limited in order to take into account other important values, among which human rights hold a central place. The quest for a fair balance between the effective fight against crime and respect for individual rights constantly remains in the center of heated discussion. However, there are two other factors that strongly influence the evidentiary rules, creating an environment where finding the truth becomes more complicated than ever before. The popularity of the disposition of cases out of trial and the impact of technology and science, both interrelated and focused on the efficiency of the criminal justice system, paradoxically make the quest for the truth easier and faster, but also more prone to errors. Moreover, the new technologies allowing evidence gathering have become a vital threat to the right to privacy. Finding solutions to these challenges necessitates dialogue including various stakeholders and free of the penal populism that has recently dominated the legal discourse.