بدائل قاعدة الاستبعاد و ملطفاتها

Abstract EN

This research deals with alternatives to the rule of exclusion and its attenuations, through two topics, the first topic of which dealt with comprehensive alternatives to the rule for excluding illegal forensic evidence and through the statement of criminal penalties and civil parts as an alternative to the rule of exclusion in addition to disciplinary punishment.

Also, this research dealt with the second topic of compulsory exclusion of the unlawful evidence, in addition to explaining the use of the exclusion rule in the event of the existence of the illegal evidence as a result of a serious violation of the sanctity of private life, according to what was stated in the European Convention on Human Rights, and we have also clarified the cases in which The exclusion of unlawful evidence for justice considerations, and finally we addressed the discretion of the judge in excluding the unlawful evidence.

We have also reached through this research many of results, and the most important of these results is the ineffectiveness of the exclusion rule alternatives to the evidence obtained illegally, because these alternatives face many difficulties in terms of application in practice