Κατεύθυνση Ποινικό Δίκαιο και Ποινική Δικονομία
Library of the School of Law

2018-03-08

2018

Tsefala Vasiliki

Τζαννετής Αριστομένης, Επίκουρος Καθηγητής, Νομική Σχολή , ΕΚΠΑ
Δημάκης Αλέξανδρος, Επίκουρος Καθηγητής, Νομική Σχολή, ΕΚΠΑ
Διονυσοπούλου Αθανασία, Λέκτορας, Νομική Σχολή, ΕΚΠΑ

Οι αποδεικτικές απαγορεύσεις στη νομολογία του Ευρωπαϊκού Δικαστηρίου Δικαιωμάτων του Ανθρώπου

Greek

The admission of evidence at the case law of the European Court of Human Rights

The present paper refers to the admission of evidence, focusing more on the ECHR perspective on the issue. This perspective is significantly different from which adopted on a national level. The admission of unlawful evidence as an issue of dogma, can be described as a conflict between two strongly opposed interests. On the one hand there is the state’s interest to punish the crime, and one the other hand there is the interest the civil rights to be respected during the criminal proceedings. The European Court of Human Rights uses the weighting method to resolve this conflict. The Court examines each case’s incidents in particular, though in the same time, it assesses the judicial judgment and the criminal proceedings as a whole, in order to conclude whether there has been a violation of the fundamental rights established in the Convention, by the particular unlawful act, by which the evidence was obtained. The admissibility of evidence is primarily a matter for regulation by national law and, as a rule, it is for the national courts to assess the evidence before them. The Court, for its part, must ascertain whether the proceedings, including the way in which evidence was taken, were fair. The main purpose of this paper is to answer whether there is a violation of Art. 6 of the Convention by the use of such evidence obtained in violation of other fundamental rights. The Court has formed specific criteria for the admission of evidence in its case law. The Court does not provide an absolute protection on such violations of rights, and can - under circumstances - accept unlawful evidence. Furthermore, the Convention does not establish an absolute prohibition of the use of such evidence, so the Court can only examine the compatibility of the criminal proceedings as a whole to the provisions of Art. 6.

Law and Legislation

Criminal Law
Criminal Procedure

overall approach

Yes

2

No

224

109

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https://pergamos.lib.uoa.gr/uoa/dl/object/2691870