Exclusion of Evidence Unlawfully Obtained by Private Parties
Date Issued
2012
Date
2012
Author(s)
Yu, Pan-Pan
Abstract
Generally speaking, the government plays the main role of criminal investigation and the gathering of evidence. Nevertheless, depends on case characters or other considerations, it is quite normal that private parties gather evidences spontaneously. Subsequently, problems generated from it can no longer be neglected.
It often occurs that private parties acted illegally when gathering evidence. It would be difficult dealing with the admissibility of such evidence. The reasons lie in double sides, on the one hand, private parties conducted against criminal laws, rather than criminal procedure laws; on the other hand, the government itself did not violate procedure regulations in the process of gaining evidence.
Acknowledges with above situations, the thesis introduces various kinds of theories with respect to the admissibility of evidence illegally obtained by private parties. The approach of theories can be generally subdivided into two categories: First, some literatures do not think that illegally gathering of evidence obtained by private parties directly causes its exclusion; the focus should be relatively put on the conduct of public authority, namely, the use of evidence. In comparison with it, other studies regard private-parties wrongful act as the essential reason why evidences drawn from it should be excluded. Based on the analysis, the thesis proposes a workable criterion, that is, evidence generated from private illegal conducts should be excluded as long as investigation authorities itself are unable to acquire it lawfully.
The thesis focuses on the admissibility of evidence illegally obtained from private parties; however, how to handle evidences that gathered under the cooperation of governments and private parties? On 2006, the so-called”Liechtenstein-Affair” aroused general debates which worth a thorough study. Therefore, the thesis makes extensive discussions on the issues derivate from the case.
Subjects
Evidence illegally obtained by private parties
Evidence exclusionary rule
Discipline of law enforcement officers
Distribution of information
Presumption of evidence lawfully obtained by investigation authority
Liechtenstein Affair
SDGs
Type
thesis
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