Unlawfully Received Evidence Essay

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The United Kingdom empowers the court to use its discretion to hear or not to hear any evidence. The important factors are the circumstances in which the evidence is obtained. The court may use its discretion not to hear evidence obtained illegally. If the court hears it, that testimony affects the fairness of the trial.This is to ensure fairness for both the plaintiff and the offender. It also prevents the plaintiff from having an advantage in the case. As a result of the acquisition of wrongfully obtained evidence the offender has disadvantage in litigation.
In the United States of America, the unlawfully obtained evidence is to be considered by the fruit of the poisonous tree principal that have been strictly prohibited. In case the court …show more content…

Any evidence relating to the issue of the case is able to accept all under the Portuguese Criminal Procedure Code Section 124 and the Thai Criminal Procedure Code Section 226. However, there is evidence that is not able to include such as in the case of illegal or unfair means which is an exception to accept the hearing of evidence as well the Portuguese Criminal Procedure Code Section 126. However, Thailand gives a permission to ignore the exception hearing of evidence in case of having a justice benefit. So, Thai criminal justice is an exception in the Thai Criminal Procedure Code Section 226/1 that is a flexible approach.
However the Criminal Procedure Code section 226/1has recently amended a new revision. The court has the authority to permit the use of discretion. It has widened and is not as strict as the past. This section amended new revision which provides a flexible law that can be applied to the situation in each case. If the hearing of evidence benefits the justice, fundamental rights and freedoms of the people “…evidence will be more advantageous in rendering justice than being disadvantageous due to an impact on the standard of criminal justice system or basic right and liberty of …show more content…

By taking this drug, the police officer has a search warrant. The police officer required a recorded conversation as evidence which came from the wrongful act of wiretapping cannot be heard as evidence. Drugs or information acquired by virtue of wiretapping illegally were barred from hearing the evidence as well. Thus the court cannot use the evidence because the drug seems to like the fruit of the poisonous tree.
The first paragraph of the Criminal Procedure Code section 226/1 “...unless the admission of such evidence will be more advantageous in rendering justice than being disadvantageous due to an impact on the standard of criminal justice system or basic right and liberty of people” The discretion of the court could take into factors such laws.
However, the law allows the court discretion so it can hear evidence wrongfully obtained or acquired by virtue of the information or evidence obtained illegally. By virtue of the exception under the Criminal Procedure Code section 226/1 paragraph 2 “In consideration of admitting evidence according to the first paragraph, the Court shall consider all circumstances of the case together with the following factors: (1) Value to prove, importance and reliability of the

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