LAWFUL OBTAINING OF EVIDENCE AS A FUNDAMENTAL REQUIREMENT OF A FAIR TRIAL

Аннотация:

This paper examines the principle of lawful obtaining of evidence as a fundamental requirement of a fair trial in criminal proceedings. It argues that admissibility of evidence should not be understood as a purely formal or technical issue, but as a core guarantee of procedural justice and the rule of law. The study analyses the relationship between legality in evidence-gathering and the protection of fundamental procedural rights, including the right to defence, the prohibition of coercion, and the right against self-incrimination. Particular attention is paid to the role of courts in excluding unlawfully obtained evidence and in safeguarding the overall fairness of criminal proceedings. The paper also draws on comparative perspectives to demonstrate that both continental and common law systems recognise, in different forms, the importance of legality in evidence collection. It concludes that lawful evidence-gathering is not only a condition for reliable fact-finding, but also a key element in maintaining public confidence in the legitimacy and integrity of the criminal justice system.