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The Exclusion of Improperly Obtained Evidence in Greece: Putting Constitutional Rights First

Giannoulopoulos, Dimitrios. 2007. The Exclusion of Improperly Obtained Evidence in Greece: Putting Constitutional Rights First. The International Journal of Evidence & Proof, 11(3), pp. 181-212. ISSN 1365-7127 [Article]

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Abstract or Description

In contrast with England and Wales, where there is a discretion to exclude improperly obtained evidence, exclusion in Greece is automatic. Article 177 para. 2 of the Code of Penal Procedure mandates that evidence obtained by the commission of criminal offences is not taken into consideration. In addition, article 19 para. 3 of the Constitution prohibits the use of evidence obtained in violation of the right to privacy. Inspired by the rigidity of these exclusionary rules, the rights-centred approach that they reflect and the context of a constitutional criminal procedure within which they apply, this article sheds light on the protection of constitutional rights as a rationale for the exclusion of improperly obtained evidence. It does so against the background of the reliability-centred exclusionary doctrine in England.

Item Type:

Article

Identification Number (DOI):

https://doi.org/10.1350/ijep.2007.11.3.181

Departments, Centres and Research Units:

Law

Dates:

DateEvent
1 July 2007Published

Item ID:

25982

Date Deposited:

13 Mar 2019 12:00

Last Modified:

03 May 2019 08:11

Peer Reviewed:

Yes, this version has been peer-reviewed.

URI:

http://research.gold.ac.uk/id/eprint/25982

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