This article analyzes a number of problems connected with what is known as "illegally or wrongful obtained evidence" in the Chilean legal system. These problems do not fit the scope of application of the exclusionary rule established in article 276, 3rd paragraph of the Chilean Criminal Procedure Code. The starting point of this work is the analysis of the "evidence restrictions" model developed in Germany. From the study of the German legal system, the article aims to provide an answer to the diverse problems that Chilean regulation has facing "illegally or wrongful obtained evidence" during the investigation and trial.
|Translated title of the contribution||Beyond the exclusionary rule: Evidence restrictions in chilean law - Specially referring to German Law|
|Number of pages||31|
|State||Published - Jul 2018|