Abstract
This paper analyzes the so-called refusal to assess evidence in the Chilean criminal process. For this purpose, the most relevant case law of the higher courts in favor and against this possibility is presented, while also explaining the doctrine’s stance in this regard. In conclusion, the reader is provided with a position in favor of such refusal to assess evidence, understanding it as a mechanism to safeguard the effective protection of fundamental guarantees in obtaining evidence, beyond the exclusionary rule of evidence.
| Translated title of the contribution | The So-Called Refusal to Assess Evidence in the Scholarship and Case Law |
|---|---|
| Original language | English |
| Pages (from-to) | 94-121 |
| Number of pages | 28 |
| Journal | Latin American Legal Studies |
| Volume | 8 |
| DOIs | |
| State | Published - 2021 |
| Externally published | Yes |
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
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SDG 16 Peace, Justice and Strong Institutions
Keywords
- criminal process
- evidence valoration
- illicit evidence
- probatory law
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