Prove vietate e processo penale

Translated title of the contribution: [Autom. eng. transl.] Prohibited evidence and criminal trial

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] In a system based on the principle of probative legality, the reconstruction of the fact is not free but is regulated by the rules protecting both the authenticity of the investigation and the fundamental rights of the parties involved. Moreover, the notion of proof prohibited in the criminal trial is not peaceful, as discussed is the uselessness of the unlawful proof and the usability in bonam partem of evidence obtained in violation of the prohibitions of the law; moreover the issue of the unconstitutional test is dealt with, to conclude about the uselessness and erroneousness of the category.
Translated title of the contribution[Autom. eng. transl.] Prohibited evidence and criminal trial
Original languageItalian
Pages (from-to)1768-1800
Number of pages33
JournalRIVISTA ITALIANA DI DIRITTO E PROCEDURA PENALE
Publication statusPublished - 2009

Keywords

  • inutilizzabilità
  • prova illecita
  • prova illegittima
  • prove vietate

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