Prezentare generală a mecanismelor juridice de eliminare a probelor în sisteme de drept comun și de drept civil

Abstract

This paper presents two models of eliminating of evidence that apply to common law and civil law states. The aim is to systematize the basic structures of the exclusionary rules and to identify the logic behind exclusionary rules, with a view to proposing a common uniform solution across Europe. At the same time, article analyses the mechanisms used to prevent information from becoming evidence in criminal proceedings. To carry out this research were used: the logical method, the comparative method, induction and deduction, which served to determine the common features and the determination of the common features and the regulatory measures of the rules of admissibility, the institutions of nullity and exclusion in different states. The results of this comparative review show that no single primary reason for excluding illegally obtained evidence can serve as the sole guiding principle for excluding illegally obtained evidence.