Illegally obtained evidence
Illegally obtained evidence is proof gathered in breach of legal rules or protected rights, whose admissibility depends on the procedure and balancing test.
Evidence may be illegally obtained through unlawful surveillance, breach of privacy, violation of professional secrecy, coercion or disregard of procedural safeguards. In Switzerland, admissibility is not answered uniformly across civil, criminal and administrative proceedings. Authorities often balance the interest in truth-finding against the seriousness of the violation and the rights affected; some violations lead to exclusion more readily than others. Even if admitted, unlawful collection may create separate civil, criminal or disciplinary consequences. Parties should address both admissibility and evidentiary weight.