Abstract
This study analyzes how hypothetical causal courses can be applied as a mechanism for making illegally obtained evidence admissible in court. To this end, we examine the requirements, scope, and limits of this doctrine as applied in the U.S. and German law, in order to critically analyze the use of this mechanism in Chile. The paper concludes by accepting the applicability of the inevitable discovery exception in Chilean criminal procedural law, but limiting its use to minor infractions and only when the requirements for its applicability are sufficiently proven.
| Translated title of the contribution | The inevitable discovery doctrine: content and limits |
|---|---|
| Original language | Spanish |
| Pages (from-to) | 591-622 |
| Number of pages | 32 |
| Journal | Politica Criminal |
| Volume | 18 |
| Issue number | 36 |
| DOIs | |
| State | Published - Dec 2023 |
| Externally published | Yes |
