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Effect of Illegal Evidence in Criminal

Author: LuBiXia
Tutor: HuYuHong
School: Suzhou University
Course: Legal
Keywords: Illegal evidence Exclusionary Evidence of effectiveness
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 212
Quote: 2
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Abstract


For illegal evidence exists value choice, with the spirit of the law against illegal on the law applicable to the irreconcilable contradiction. In the practice of legal evidence is not necessarily true, illegal evidence is not necessarily a forgery. If use threat, induce means to obtain the oral confession is not completely false confessions, but increased the possibility. Criminal illegal evidence because of its illegal factors, and therefore is difficult to accept by the modern legal system: one is the illegal evidence collection is violation of the constitution in our country; Second, it is illegal obtained evidence has the evidence effectiveness is the direct cause of wrongs; Three illegally obtained evidence has the evidence to the main factors that effect the prohibition is illegal evidence. The dangers of illegal evidence is obvious, but completely exclude illegal evidence also easy to cause the following problems, one is the indulgence of crime, 2 it is causing huge existence of outstanding cases, 3 it is contrary to the legal pursuit of the efficiency of lawsuit. Therefore, how to see proof of illegal evidence, are worth careful study. This paper will adopt the method of comparative study on the effectiveness of the illegal evidence problems were discussed, and the applicable this paper discusses the possibility of illegal evidence in our country, and puts forward the applicable scope and limit of illegal evidence.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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