NEZAKONITI DOKAZI U KRIVIČNOM POSTUPKU U EVROPSKOM KONVENCIJSKOM SISTEMU ZA ZAŠTITU LJUDSKIH PRAVA
UNLAWFUL EVIDENCE IN THE EUROPEAN CONVENTION SYSTEM FOR THE PROTECTION OF HUMAN RIGHTS

Summary/Abstract: Admissibility of illegally obtained evidence is one of the most complex issues in criminal proceedings. European continental legal system countries have adopted various legal solutions regarding the methods of assessing and excluding illegal evidence from criminal proceedings. The European Court of Human Rights does not have jurisdiction to decide on the admissibility of evidence in national criminal proceedings. Instead, based on a “holistic approach,” the European Court of Human Rights decides whether the national criminal proceedings as a whole were fair, taking into account the manner of obtaining and assessing the evidence. This paper explores and analyzes the key positions of the court in cases concerning the use of illegally obtained evidence in national criminal proceedings. The key positions of the European Court of Human Rights should serve as guidelines in the application of national law in Council of Europe member states. The paper can serve as a useful tool in further research on the compatibility of the application of domestic law with the standards of the European Court of Human Rights.

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