The Applications of Exclusionary Rule of Illegally Obtained Evidence in Cross-Border Gathering Evidence

FENG Junwei

Jinan Journal ›› 2020, Vol. 42 ›› Issue (3) : 110-120.

PDF(639 KB)
PDF(639 KB)
Jinan Journal ›› 2020, Vol. 42 ›› Issue (3) : 110-120.

The Applications of Exclusionary Rule of Illegally Obtained Evidence in Cross-Border Gathering Evidence

  • FENG Junwei
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Abstract

With the increase of transnational crimes, for fighting against crimes, part of the activities of obtaining criminal evidence have to be conducted in another country or jurisdiction. The issue of extraterritorial effect of the exclusionary rule of illegally obtained evidence in domestic law has become increasingly prominent. According to the traditional view, the collecting of evidence abroad is an exception to the exclusionary rule of illegally obtained evidence, which does not apply to those that are conducted outside by law enforcement personnel. This view ignores the integrity of national legal system and the fairness of criminal trials concerning foreign affairs. On the basis of fair trial, under certain circumstance, it should be admitted that the exclusionary rule of illegally obtained evidence in China’s Criminal Procedure Law do have extraterritorial effects.

Key words

exclusionary rule / extraterritorial effect / illegally obtained evidence / judicial assistance

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FENG Junwei. The Applications of Exclusionary Rule of Illegally Obtained Evidence in Cross-Border Gathering Evidence. Jinan Journal. 2020, 42(3): 110-120
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