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Title: The exclusion of improperly obtained evidence in Greece: Putting constitutional rights first
Authors: Giannoulopoulos, D
Issue Date: 2007
Publisher: Vathek Publishing
Citation: International Journal of Evidence and Proof, 11(3): 181 - 212, Jul 2007
Abstract: In contrast with England and Wales, where there is a discretion to exclude improperly obtained evidence, exclusion in Greece is automatic. Article 177 para. 2 of the Code of Penal Procedure mandates that evidence obtained by the commission of criminal offences is not taken into consideration. In addition, article 19 para. 3 of the Constitution prohibits the use of evidence obtained in violation of the right to privacy. Inspired by the rigidity of these exclusionary rules, the rights-centred approach that they reflect and the context of a constitutional criminal procedure within which they apply, this article sheds light on the protection of constitutional rights as a rationale for the exclusion of improperly obtained evidence. It does so against the background of the reliability-centred exclusionary doctrine in England.
Description: Copyright @ 2007 Vathek Publishing
ISSN: 1365-7127
Appears in Collections:Law
Dept of Politics, History and Law Research Papers

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