If evidence is obtained illegally, the court can exclude it, which can seriously weaken the prosecution’s evidence base, explains criminal law expert Miha Šepec. “We cannot play the game of being fair if the state can violate the law, violate the constitution and then use such evidence obtained in this way against the accused,” says Šepec. The center of the dispute is certain covert investigative measures ordered by the public prosecutor or the investigating judge.
It is on the basis of these measures that law enforcement authorities should obtain new evidence, including the discovery of the hiding place of Dino Muzaferović – Caesar. “The police had the order to follow one, then they followed the other and now, when they followed the other, for which they had no order, it is actually illegal and that is why they argue at the court whether
English summary: If evidence is obtained illegally, the court can exclude it, which can seriously weaken the prosecution’s evidence base, explains criminal law expert Miha Šepec. “We cannot play the game of being fair if the state can violate the law, violate the constitution and then use such evidence obtained in this way against the accused,” says Šepec.
The center of the dispute is certain covert investigative measures ordered by the public prosecutor or the investigating judge. It is on the basis of these measures that law enforcement authorities should obtain new evidence, including the discovery of the hiding place of Dino Muzaferović – Caesar. “The police had the order to follow one, then they followed the other and now, when they followed the other, for which they had no order, it is actually illegal and that is why they argue at the court whether
Topics: #evidence #prosecution #obtained
