ILLEGALLY OBTAINED EVIDENCE IN ESTADO DE MEXICO. AN ANALYSIS OF THE LEGAL INSTITUTION AND THE JUDICIAL INTERPRETATION
ABSTRACT: Although the change to an adversarial system has made a significant progress in Estado de Mexico, legal provisions do not procure enough guidance to judges and legal counsellors on how to proceed with the exclusionary rule, persisting important doubts in this regard. This article seeks to...
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| Lenguaje: | English |
| Publicado: |
Pontificia Universidad Católica de Chile. Facultad de Derecho
2019
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| Acceso en línea: | http://www.scielo.cl/scielo.php?script=sci_arttext&pid=S0718-34372019000200587 |
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| Sumario: | ABSTRACT: Although the change to an adversarial system has made a significant progress in Estado de Mexico, legal provisions do not procure enough guidance to judges and legal counsellors on how to proceed with the exclusionary rule, persisting important doubts in this regard. This article seeks to evaluate if judges thoroughly respect the human rights of the accused, at the expense of the victim’s right to obtain the truth. At the same time, this paper intends to answer if judges consider the seriousness of the crime while evaluating the specific cases for which they can admit illegally obtained evidence1. Among the survey findings are that there is a considerably rhetorical knowledge of the illegal evidentiary material, however, there exists a predisposed lawless criminal investigation for violent and organized crime which makes prosecutors present this type of evidentiary material in court. The common consequence, if defense counsellors present arguments against this information, is that judges exclude it from the legal process and several criminals remain unpunished. |
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