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Illegally Obtained Evidence and Croatian Law: a Fair Balance?

The rules on excluding illegally obtained evidence in the theory of criminal procedure law are very often described as rules ensuring: “… a balance between the right to a fair trial and interests of community in convicting offender“. However, how do we establish a balance by applying to these rules? To what extent is the state obliged to protect the basic human rights, especially the rights of defence in a criminal procedure, without simultaneously jeopardizing its obligation to ensure an efficient criminal persecution and punishment of the perpetrators? After the analysis of the sources in the European criminal law and judicature of the European Human Rights Court, in the second part of the work we will examine the extent to which these standards have been implemented into the criminal procedure legislature. The third part of the work begins with an overview of the system of arrangment of illegal evidence in the Republic of Croatia, whereby the extent to which the Croatian legislator met the set European standards about the exclusion of evidence by passing the new Law on Criminal Procedure from 2008, will be explored. Can we conclude that clear standards have been set for the establishment of the so called balance of justice? Following the above answers, we will examine the extent to which the new arrangement of rules on exclusion of illegally obtained evidence allows balancing between opposed interests in a criminal procedure.

Illegally Obtained Evidence - Croatia

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