The illegal evidence against fundamental rights and their exceptions

Abstract

This repot is a brief study of the illegality of the evidence and its legal consequences, as well as the exceptions to that illegality. The sentence of the Constitutional Court 114/1984, 29th November, introduced in our legal system the prohibition on using evidence obtained violating fundamental rights. According to that sentence Article 11.1 LOPJ prohibit expressly assessment of such evidence that can have an impact on the process and serve them to base a conviction. However this rule of exclusion of illegal evidence, the risk of admitting obtained evidence having violated fundamental rights is present in our laws, through increasingly frequent exceptions, appreciated by both the Spreme Court and the Constitutional Court, which allow that an illegally obtained evidence, could be valuable for certain crimes not to go unpunished.