Ban on Using Illegal Evidence in Criminal Proceedings
The draft amendment to the Code of Criminal Procedure introduces a ban on the use of evidence obtained through a prohibited act (so-called "fruit of the poisonous tree"). It also changes the rules for legalizing evidence of other crimes obtained during operational control, transferring the decision-making power from the prosecutor to the court.
Key points
Introduction of an absolute ban on conducting and using evidence obtained for criminal proceedings by means of a prohibited act (amendment to Art. 168a).
Repeal of Art. 168b, which allowed the prosecutor to decide on the use of evidence exceeding the scope of the ordered operational control.
Introduction of a requirement for court approval to use evidence regarding a different crime revealed during operational control (amendment to Art. 237a).
The prosecutor will have one month from the end of the control to apply to the court for permission to use such evidence.
The aim of the act is to protect the right to privacy, secrecy of correspondence, and the right to a fair trial.
55%
VOTING RESULTS
2026-01-23
For
240
Against
174
Abstain
20
Status:
Transmitted to President
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