Right to defence v. evidence procedures. Admissibility of evidence in the light of EU law and national legal standards
The research revealed that a situation in which courts would have examined the inadmissibility of evidence is extremely rare. According to the interviewed lawyers, prosecutors and judges the doubts regarding admissibility of evidence concerned inter alia: questioning the actual suspect as a witness; searching suspect’s premises, despite the fact that alleged offense did not concern possession of prohibited substances; taking samples of writing from the suspects without informing them about the lack of obligation to provide such samples; conducting informal questioning of a suspects and backdoor introduction of their results to the proceedings; wire-tapping without court’s order.
At the same time, the HFPC is publishing a short annex summarising national and regional standards on the admissibility of evidence.
