Suchergebnisse

The legality of the evidence is one of the basic components of procedural legitimacy in general, which requires that the law be the source for every rule that allows infringement of rights and freedoms. The criminal procedures are, in essence, and reality, guarantees of the rights and freedoms of the accused, which ensure that his freedom is not violated and the right to defend himself. These procedures were going through two stages, one before the trial and the other taking place during the trial. In each of these two stages, the freedom of the accused is exposed to several risks, arrest, arrest, interrogation, and monitoring of correspondence and communications, so these procedures must be carried out in accordance with the rules specified in the law – the Code of Procedure Criminal – that the constitutional legitimacy of the Code of Criminal Procedure is based mainly on the protection provided by the Code of Criminal Procedure for the rights and freedoms guaranteed by the Constitution, and without the application of the Code of Criminal Procedure, it is not possible to apply the Penal Code, that is the road linking the two stages of criminalization and punishment, and through it, the Penal Code moves from criminalization to punishment, and for this to be achieved, criminal procedures must be carried out as acts Legal aims to protect rights and freedoms within the framework of constitutional legitimacy based on the origin of innocence, and therefore the evidence presented to prove what contradicts the origin of innocence must be legitimate, that is, it should not be the result of procedures tainted by violating personal freedom and rights of defense, and if it is, it is considered illegal evidence and it is not valid Reliance on it to issue a verdict of conviction.

concludes a magistrate judge in recommendations to a federal district court.

This paper focuses on the review of standards established by the European Court of Human Rights (ECtHR) with regards to the use of evidence obtained in breach of the rights set out in the European Convention on Human Rights and Fundamental Freedoms (ECHR), ultimately resulting in a violation of the right to a fair trial. Due consideration has been given to the use of evidence obtained in violation of Article 3, Article 8 and the privilege against self-incrimination. Even though the specific rules on admissibility of evidence were to be regulated by each of the Contracting States, the Court set out standards on the use of evidence in order to address the primary question: Does the use of evidence obtained in breach of the Convention rights render the proceedings as a whole to be unfair? The authors analyze the Court jurisprudence on this matter and the evolution of these standards over time in order to respond to this question.

This review is mainly centered on beverages obtained from tropical crops, including tea, nut milk, coffee, cocoa, and those prepared from fruits. After considering the epidemiological data found on the matrices above, the focus was given to recent methodological approaches to assess the most relevant mycotoxins. Aspects such as singularities among the mycotoxin and the beverage in which their were found, and the economic effects and repercussions that the mycotoxin-tainted ingredients have on the beverage industry were pointed out. Finally, the burden of their consumption through beverages, including risk and health effects on humans, was addressed as well.