REFLECTIONS ON UNLAWFUL EVIDENCE
Keywords:
unlawful evidence, fundamental rights, prohibited evidenceAbstract
The prohibition on the use of evidence obtained in violation of fundamental rights is a deep-rooted doctrine. This is enshrined in our legal system in Article 11 of the Ley Orgánica del Poder Judicial [Organic Law on the Judiciary (LOPJ)], and is in constant jurisprudential evolution with continuous fluctuations, twists and turns, comings and goings. These lines are intended to give an account of some of the most recent pronouncements and, above all, to offer some reflections on the basis of the institution. That piece must be the key, often times forgotten, to consistent development and a practical application which is predictable instead of bewildering.
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Copyright (c) 2023 Antonio Del Moral García
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