არსებითი დარღვევა და მისი შედეგები მტკიცებით სამართალში

Abstract

The article concerns to the issue of admissibility of evidence in criminal proceedings. In particular, the concept of substantial violation of the law and its importance in the criminal justice process. The criteria are defined in which case there is a substantial violation of the law. The article analyzes the doctrine of the United States of America and the decisions of the Federal Supreme Court on the issues of admissibility of evidence using the method of comparative law. The article expresses and substantiates the opinion that a substantial violation of the law occurs when the investigative action is carried out by an unauthorized person, when the investigative action is conducted in violation of the deadline set by the law, when the investigative action is conducted without the grounds defined by the law, when the persons specified by the law do not participate in the investigative action. Cases where the law breaking violates a person's rights or creates insurmountable doubts about the veracity of evidence are considered substantial violations. The issue is important from both a theoretical and a practical point of view. Due to the fact that we are limited by the format of the article, it deals only with the comparative analysis of Georgian and American law about the mentioned issue. Key words: evidence, admissibility of evidence, sSubstantial violation, the doctrine of the fruit of the poisonous tree, criteria for substantial violation, exceptions to the doctrine of the fruit of the poisonous tree.