Lexipedia

Exclusion of evidence

Exclusion of evidence prevents unlawfully obtained or unreliable material from being used to prove facts in criminal proceedings.

In Swiss criminal procedure, evidence may be inadmissible if it was obtained unlawfully, in violation of fundamental procedural rights, or by methods incompatible with human dignity and fairness. The consequences depend on the seriousness of the violation, the protected interest, and whether the defect can be remedied. Some evidence is absolutely unusable; other evidence may require balancing, especially where serious offences are at stake. Exclusion rules also affect derivative evidence in certain circumstances. The purpose is both truth-finding and protection of the rule of law.

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