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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 |
URI: | http://www.vathek.org/doi/abs/10.1350/ijep.2007.11.3.181 http://bura.brunel.ac.uk/handle/2438/6487 |
DOI: | http://dx.doi.org/10.1350/ijep.2007.11.3.181 |
ISSN: | 1365-7127 |
Appears in Collections: | Law Publications Brunel Law School Research Papers |
Files in This Item:
File | Description | Size | Format | |
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Giannoulopoulos E & P.pdf | 214.7 kB | Adobe PDF | View/Open |
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