Exclusion rule of illegal evidence

The exclusionary rule of illegal evidence usually refers to the rule that the evidence obtained by investigation organs and their staff through illegal means cannot be adopted in criminal trials. The exclusionary rule of illegal evidence originated from Anglo-American law and came into being in America in the early 20th century.

Legal characteristics

Put forward the subject of illegal evidence exclusion.

Under normal circumstances, the victim in the process of obtaining illegal evidence, that is, the criminal suspect or defendant, has the right to exclude illegal evidence.

Time to raise objections to the exclusion of illegal evidence

The traditional way is to raise objections during the trial, and more often before the trial.

Listening results

If the hearing is presided over by a judge, the judge shall make a ruling; It is not the judge who decides the case later, but the lower judicial personnel, because they have no right to make a ruling and can only make suggestions.

application area

1, evidence materials collected by law enforcement agencies in violation of legal procedures;

2, beyond the authority or abuse of power to produce or consult the collected evidence;

3, lawyers or parties take illegal means to produce or investigate and collect evidence;

4, law enforcement agencies to illegal evidence materials as clues to investigate and collect other evidence.