Post by roselin10 on Dec 5, 2023 2:59:29 GMT -5
Represents the activity through which the legal, relevant and useful evidence is collected or brought before the judicial body to establish the facts or circumstances whose existence or non-existence must be ascertained in order to find out the truth in question. Thus , art. para. ( ) Judicial bodies may reject a request regarding the administration of evidence when: the evidence is not irrelevant in relation to the object of the probation in question; it is appreciated that sufficient means of evidence were administered to prove the element of fact that constitutes the object of the evidence ; proof is not necessary , as the fact is well-known; the sample.
Is impossible to obtain ; the request was made by an unauthorized Special Data person; taking the evidence is against the law. The principle of loyalty in the administration of evidence Article. illustrates the fact that the way of use by violence must be stopped as well as the stopping of promises aimed at obtaining evidence. ECHR Jurisprudence: A clear distinction must be drawn between the concept of staging and the use of legal techniques of undercover activities, with domestic courts required to carry out a careful examination of surveillance material when an accused pleads a staging by the police. In this context, the Court established.
That its function under Art. Paragraph is not to determine whether certain evidence was obtained illegally, but rather to examine whether such " illegality" resulted in the violation of another right protected by the Convention ; thus, it must examine the quality of the domestic courts' assessment of the alleged staging and ensureaccused's rights of defence, in particular the right to adversarial proceedings and equality of arms. Staging violates Article paragraph of the Convention and is different from the use of legal techniques of undercover activities in criminal investigations. (Ali v. Romania case, Judgment of November.
Is impossible to obtain ; the request was made by an unauthorized Special Data person; taking the evidence is against the law. The principle of loyalty in the administration of evidence Article. illustrates the fact that the way of use by violence must be stopped as well as the stopping of promises aimed at obtaining evidence. ECHR Jurisprudence: A clear distinction must be drawn between the concept of staging and the use of legal techniques of undercover activities, with domestic courts required to carry out a careful examination of surveillance material when an accused pleads a staging by the police. In this context, the Court established.
That its function under Art. Paragraph is not to determine whether certain evidence was obtained illegally, but rather to examine whether such " illegality" resulted in the violation of another right protected by the Convention ; thus, it must examine the quality of the domestic courts' assessment of the alleged staging and ensureaccused's rights of defence, in particular the right to adversarial proceedings and equality of arms. Staging violates Article paragraph of the Convention and is different from the use of legal techniques of undercover activities in criminal investigations. (Ali v. Romania case, Judgment of November.