Relevant bibliographies by topics / Doctrine of the fruit of a poisonous tree

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Academic literature on the topic 'Doctrine of the fruit of a poisonous tree'

Author: Grafiati
Published: 9 August 2021
Last updated: 1 February 2022

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Journal articles on the topic "Doctrine of the fruit of a poisonous tree"

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표호건. "The fruit of the poisonous tree doctrine in Civil Procedure." Journal of hongik law review 13, no. 2 (June 2012): 247–72. http://dx.doi.org/10.16960/jhlr.13.2.201206.247.

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Soroka, Piotr, and Magdalena Korkuś-Soroka. "Zastosowanie doktryny „owoców drzewa zatrutego” na gruncie polskiej procedury cywilnej." Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 28 (September 26, 2019): 351–62. http://dx.doi.org/10.19195/1733-5779.28.25.

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Artykuł krótko opisuje, czym jest doktryna „owoców drzewa zatrutego” i w jaki sposób może ona wpływać na przebieg procesu cywilnego. Ukazanie tej problematyki na gruncie orzecznictwa pozwala sformułować istotne wnioski, które powinny uwzględniać sądy, w sytuacjach gdy strony próbują wprowadzić do procesu nielegalnie uzyskany dowód. Brak regulacji w tej materii powoduje, że lukę tę musi wypełnić orzecznictwo i doktryna. Application of the „fruits of the poisonous tree” doctrine in the Polish Civil ProcedurePolish civil procedure lacks a solution for evidence which was acquired by the parties illegally or in a manner which may stand in collision with good customs or with principles of social coexistence. The “fruit of the poisonous tree” doctrine has roots in criminal procedure but, on the other hand, it could be applied also in civil proceedings sadly, in Polish criminal procedure this doctrine is very limited. This article is a short presentation of the current views of Polish courts and jurisprudence on this matter, which are not consistent.
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Nekrošius, Vytautas. "The Legality of the Evidence as a Condition of its Admissibility in Lithuanian Civil Procedure." Teisė 118 (March 2, 2021): 8–17. http://dx.doi.org/10.15388/teise.2021.118.1.

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In the article the author, using comparative as well as other methods of scientific research, analyses the issues related to the admissibility of illegally obtained evidence in civil proceedings. The author intends to answer the question of whether the doctrine of the “fruits of the poisonous tree” is applied in Lithuania and, if so, to what extent.
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이무선. "A critical Review on Exclusionary Rule for Evidence Wrongful Obtained and the Exceptions of the Fruit of Poisonous Tree Doctrine." Journal of hongik law review 15, no. 4 (December 2014): 429–51. http://dx.doi.org/10.16960/jhlr.15.4.201412.429.

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PATORA, KRYSTYNA, and EMIL ŚWIĄDER. "GÄFGEN V. GERMANY. CASE STUDY." PRZEGLĄD POLICYJNY 138, no. 2 (August 28, 2020): 219–35. http://dx.doi.org/10.5604/01.3001.0014.3682.

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The article focuses on the case of Gäfgen v. Germany, which con-cerns the restrictions imposed on police offi cers who work on cases involving terror and violence posing a risk to human life, and on the ones who have to make decisions protecting victims’ lives. The choice of measures serving the protection of the highest value, i.e. human life, is not easy. At the same time, police offi cers are assessed in terms of criminal law as regards the protection of the basic human rights enjoyed by perpetrators who pose a risk to other people’s lives. The case of Gäfgen v. Germany regards the choice of values, and the criminal liability of police offi cers, connected with thereof, as well as the problem of the admissibility of evidence obtained in breach of the law in criminal proceedings, and the limitations of the fruit of the poisonous tree doctrine.
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Yevhenovych Ablamskyi, Serhii, Liudmyla Volodymyrivna Havryliuk, Valentyna Georgievna Drozd, and Olena Volodymyrivna Nenia. "Substantial Violation of Human Rights and Freedoms as a Prerequisite for Inadmissibility of Evidence." Justicia 26, no. 39 (February 24, 2021): 47–56. http://dx.doi.org/10.17081/just.26.39.4819.

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Objective: The aim of the article is to analyze the various legal and theoretical provisions related to the determination of legal content of the concept of finding evidence inadmissible due to substantial violation of human rights and freedoms. Method: The authors use general scientific and special methods that enable to obtain scientifically sound conclusions and proposals. In particular, scientific methods, such as dialectical, comparative-legal, system-structural, generalization and logical, are applied. Results: The problematic issues of the procedure for finding evidence inadmissible due to substantial violation of human rights and freedoms in the criminal proceedings of Ukraine are studied. Some essential violations in collecting evidence by the prosecution are under focus. The ECHR’s case-law with regard to procedure for finding evidence inadmissible is analyzed. The implementation of the doctrine of "fruit of the poisonous tree" and specificity of its application to direct and derivative evidence by domestic courts and the case law of the ECHR is considered. Conclusions: The authors argue that the investigator is required to comply with the procedure for investigative actions prescribed by the provisions of the CPC of Ukraine in order to ensure human rights and freedoms. The analysis of the application of provisions of the CPC of Ukraine and the ECHR’s case law regarding the issue raised enables to formulate sound conclusions.
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Strzelbicki, Michał. "Skutki prawne kontroli przedsiębiorcy prowadzonej z naruszeniem zasad kontroli." Przegląd Prawa i Administracji 114 (August 10, 2018): 623–36. http://dx.doi.org/10.19195/0137-1134.114.41.

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LEGAL CONSEQUENCES OF ENTREPRENEUR INSPECTION CONDUCTED IN VIOLATION OF PRINCIPLES FOR INSPECTIONWith the enforcement of the Business Activities Freedom Act, the provisions of Chapter 5 entitled “Entrepreneur Inspection” have become to apply in the Polish Public Economic Law. The essence of the regulation lies in the principles for inspection, namely standards to be met by each and every entrepreneur’s business inspection performed by administrative bodies. Legal regulation of entrepreneur inspection, providing for legal framework of the procedure and setting limits to the actions of the inspection authority, was aimed by the legislator to limit the natural advantage of the authority over the entrepreneur during the inspection proceeding.The legislator was aware that the very introduction of principles for inspection would not be sufficient to effectively protect entrepreneurs’ interests. For this reason, the administrative authorities have been obliged to apply the principles for trader inspection through far-reaching negative legal consequences to the authority in the event of breach. The article analyses such legal solutions which provide entrepreneurs with the right to pursue compensation from the state, and permit demanding that the evidence gathered during the inspection could not be used against such trader by the administration authorities the “fruit of the poisonous tree” principle. The author presents the scope of application of both such instruments, and takes a stand as regards related detailed issues which have so far been the bone of contention both in the doctrine and in the judgements.
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Ponomarenko, Alla Vasylivna, Liudmyla Volodymyrivna Havryliuk, Anna-Mariia Yuriivna Anheleniuk, and Valentyna Georgievna Drozd. "Inadmissibility of Evidence in Criminal Proceedings in Ukraine." Revista Amazonia Investiga 9, no. 29 (May 18, 2020): 147–55. http://dx.doi.org/10.34069/ai/2020.29.05.17.

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The aim of the article is to analyze the problematic aspects of finding evidence inadmissible in criminal proceedings, as well as to formulate, according to the Criminal Procedure Code of Ukraine (CCP of Ukraine) and the case law of the European Court of Human Rights (ECHR), proposals for elimination of existing shortcomings on the issue raised. In the article used general scientific and special methods that enable to obtain scientifically sound conclusions and proposals. In particular, scientific methods, such as dialectical, comparative-legal, system-structural, modelling, abstraction, generalization and logical, are applied. The problematic issues of the procedure for finding evidence inadmissible in the criminal proceedings of Ukraine are studied. The significant violations and shortcomings in collecting evidence by the pre-trial investigation bodies are under focus. The authors clarify grounds for the inadmissibility of evidence and the types of inadmissible evidence. The analysis of investigative practice and case-law enables to conclude that a violation in taking one piece of evidence in criminal proceedings may lead to finding a number of other pieces of evidence inadmissible (the doctrine of the fruit of the poisonous tree). The authors argue that the court should be proactive in resolving the issue of inadmissibility of evidence either on its own motion or on the motion by parties to criminal proceedings. The utilization of the case law of the ECHR in national law application activities are analyzed from legal perspective. The study establishes that ratio decidendi of the ECHR with regard to finding evidence inadmissible is that the issue of its inadmissibility is subject to regulation at the level of national law. The assessment of inadmissibility of evidence is the responsibility of national courts, and the ECHR is obliged to ensure that the means of taking evidence are fair.
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Shcherbakovskyi, Mikhailo, Ruslan Stepaniuk, Vasyl Kikinchuk, Oleksiy Oderiy, and Liudmyla Svyrydova. "Evidentiary problems in the investigation of corruption crimes in Ukraine." Revista Amazonia Investiga 9, no. 32 (September 10, 2020): 117–24. http://dx.doi.org/10.34069/ai/2020.32.08.12.

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The fight against corruption in Ukraine is one of the main tasks of law enforcement agencies. However, the process of proving corruption crimes in criminal cases is accompanied by problems that negatively affect the quality of the pre-trial investigation. The purpose of the article is to identify and study typical investigative errors and develop recommendations on the proper use of means and methods of proof in criminal cases of corruption crimes, taking into account the norms of national legislation and international criteria for ensuring human rights in criminal proceedings. To achieve this goal, a comparative and systemic structural analysis of international and domestic regulatory legal acts and court decisions, a selective study of materials from criminal cases on corruption crimes were made. It has been established that the process of proving in cases of corruption crimes in Ukraine will fully comply with international standards for ensuring human rights, provided that operational officers, investigators, and prosecutors comply with the admissibility criterion of evidence, especially when using secret measures. Investigative errors that take place at the stage of pre-trial investigation in this category of criminal cases lead to the restriction of human rights and freedoms and consist in significant violations of the criminal procedural law when collecting, checking, and evaluating evidence, as well as when opening the collected materials to the defense. Preventing such violations requires strict adherence to the general requirements for conducting undercover activities, formulated in the decisions of the European Court of Human Rights and domestic courts. The proof must take into account the "fruit of the poisonous tree" doctrine of the inadmissibility of evidence derived from materials collected in violation of the law. The defense side should be provided with timely access to the materials of covert events, including the documents that served as the basis for their implementation. It is important not to allow actions that are regarded as a provocation (incitement) of the suspect to commit a corruption offense.
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이상현. "Comparing 'Fruits of the Poisonous Tree Doctrine' in Criminal Procedures of the U.S. and Korea in light of Supreme Court Cases regarding Admissibility of Secondary Evidence Obtained through Statement without Miranda Warning." CHUNG_ANG LAW REVIEW 11, no. 2 (August 2009): 249–84. http://dx.doi.org/10.21759/caulaw.2009.11.2.249.

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Dissertations / Theses on the topic "Doctrine of the fruit of a poisonous tree"

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Takayanagi, Fabiano Yuji. "Críticas às exceções legais às provas ilícitas por derivação no processo penal brasileiro e análise de jurisprudência após a reforma da lei 11.690/08." Universidade de São Paulo, 2014. http://www.teses.usp.br/teses/disponiveis/2/2137/tde-13022015-134439/.

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A presente dissertação tem como objetivo central analisar as exceções legais às provas ilícitas por derivação incorporadas no processo penal brasileiro pela Lei 11.690/08, especificamente no artigo 157 e seus parágrafos. A inovação dada pela Reforma trouxe mudanças significativas e benéficas, porém, ao mesmo tempo, em determinados pontos, apresentou confusa redação a ponto de se questionar sua constitucionalidade. Para tanto, o caminho neste estudo escolhido perpassa pelo conhecimento da importância das provas no processo penal, a limitação do direito à prova pela ilicitude, a teoria ampla da ilicitude da prova, as teorias estadunidenses das exceções às provas ilícitas por derivação que foram adotadas pelo legislador infraconstitucional brasileiro, bem como a comprovação de aplicabilidade em outros países. Assim, a partir desses subsídios, almeja-se construir uma estruturação para melhor possibilitar a definição da interpretação do inciso LVI, artigo 5º, da Constituição Federal, como regra pela teoria dos princípios, cuja Reforma seguiu plenamente na adoção da teoria ampla da ilicitude da prova e das exceções às provas ilícitas por derivação. Por fim, essa consolidação de conceitos serve de base para análise das decisões dos Tribunais quando se referem às exceções às provas ilícitas por derivação, chegando-se à conclusão de que existe uma interpretação deficitária e diversa da raiz estadunidense.
The present work analyze the legal exceptions of fruits of the poisonous tree doctrine evidences in the criminal justice process incorporated by Law 11.690/08, specifically in article 157 and its paragraphs. The innovation given by the Reformation brought significant and beneficial changes, but at the same time, at certain points, the confusing writing presented allows us to question its constitutionality. For that, the path chosen in this study moves through the evidence importance knowledge in criminal proceedings, the limitation of the right to proof by illegality, unlawfulness broad theory of evidence, the American theories of fruit of the poisonous tree doctrine exceptions that were adopted by Brazilian in ordinary legislation, as well as its applicability in other countries. Thus, from these subsidies, we aim to build a structure to allow the definition of the interpretation of section LVI, Article 5 of the Federal Constitution, as a rule by the \"theory of principles\" whose reform has fully followed the adoption of the broad theory of unlawfulness of evidence and fruit of the poisonous tree doctrine exceptions. Finally, this consolidation of concepts is the basis for analysis of the decisions´ Courts when referring to fruit of the poisonous tree doctrine exceptions, coming to the conclusion that there is a deficit and misguided interpretation of American roots concepts.
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Kučera, Petr. "Neodkladné a neopakovatelné úkony." Master's thesis, 2020. http://www.nusl.cz/ntk/nusl-442088.

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and keywords Urgent and unrepeatable acts Urgent and unrepeatable acts are procedural acts of criminal proceedings in which there is a conflict between the rights of the defense with the purpose of criminal proceedings consisting in the lawful determination of the circumstances of the commission of a crime and in the fair punishment of its perpetrator. This conflict is tolerated because urgent and unrepeatable acts are used to secure and take evidence that risks being thwarted, destroyed or lost, or evidence that cannot be taken in court proceedings. The aim of this work is to describe and analyze the conditions under which these, by their nature exceptional, acts of criminal proceedings can be performed and to analyze the consequences of non-compliance with these conditions. To this end, the first chapter described the structure of criminal proceedings with a focus on the structure of preparatory proceedings and analyzed the definition of urgent and unrepeatable acts, provided some typical examples and an analysis of the problematic definition of urgency. In the second chapter, in addition to the general conditions of evidence, the formal and material conditions for performing urgent and unrepeatable acts were analyzed, including the question of whether some additional conditions imposed on...
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Zelenka, Jan. "Důsledky porušení předpisů o dokazování pro účinnost důkazů." Master's thesis, 2020. http://www.nusl.cz/ntk/nusl-411561.

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1 The Consequences of Breaching the Rules of Evidence for the Effectiveness of the Evidence Abstract This diploma thesis deals with the phenomenon of ineffective evidence in criminal procedures as a result of a breach the rules of evidence. The aim of the thesis is to submit current regulations about evidence in the Czech legal system, evaluate it and shine a light on certain problems. Can a criminal procedure be just if the essential principles are trampled on and the government breaks the law? Are there any barriers preventing geovernment arbitrariness? This thesis tries to answer these questions by introducing legal institutes based on area of evidence in criminal procedure. Thesis consists of six parts - four chapters, introduction and conclusion. The first chapter deals generally with evidence and its specifics in criminal law. It defines crucial terminology to understand this topic thoroughly and shines a light on principles of evidence. The second chapter revolves around admissibility and especially efficiency of evidence as a result of a breach in the rules of evidence by law enforcement. That breach of evidence has to fulfill a certain level of severity which has an important part in evidence ineffectivity. In the very last part of this chapter the author suggests legislative changes according to a...
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Šverma, Patrik. "Důsledky porušení předpisů o dokazování pro účinnost důkazů." Master's thesis, 2021. http://www.nusl.cz/ntk/nusl-448852.

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1 The consequences of breaching the rules on evidence for the effectiveness of the evidence Abstract This diploma thesis deals with the issue of ineffectiveness of evidence in connection with the violation of rules on evidence. One of the two main goals of this work was to acquaint the reader with the issue, especially with the help of analysis of current legislation, the views of leading experts in criminal science and also a rich case law of the courts. The second main goal was to propose a de lege ferenda solution that could contribute to solving the most pressing problems of the current legislation. The diploma thesis is divided into six parts, including the introduction and conclusion. The first chapter provides the reader with a theoretical basis for easier understanding of this issue. It explains the basic terminology occurring in the field of evidence and the basic sources of law that will accompany the reader throughout the thesis are introduced. There is also a detailed explanation of the basic principles of criminal proceedings concerning the evidence as whole. In addition, at the end of this chapter, the stages of criminal proceedings are mentioned with a brief description of their specifics with a regard to the evidence in these specific sections. The second chapter is devoted to the concepts...
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Holubcová, Nikola. "Důsledky porušení předpisů o dokazování pro účinnost důkazů." Master's thesis, 2019. http://www.nusl.cz/ntk/nusl-393080.

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Breach of evidence rules and its consequences for the effectiveness of evidence Abstract The aim of this diploma thesis is to provide a complex overview of the issue of the legality of evidence in the Czech criminal proceedings. The consideration of the legality of the evidence is viewed as a criterion for evaluation of the evidence. As a result of such criteria, there is a legal consequence - the effectiveness of the evidence, that can be absolute and relative. The diploma thesis consists of 8 chapters, including the introduction and conclusion. The first three chapters are general in nature, and they aim to provide an overview of the rules of evidence and point out mistakes of the lawmakers and inadequacy of the case law in these procedural aspects. I first introduce the terminology. The following chapter is devoted to basic principles that are applied in the rules of evidence. I consider them to be very important as these must be followed in order for the evidence process to be considered lawful. Chapter 4 deals with the introduction of individual phases of the criminal proceedings. Next 2 chapters (chapter 5 and 6) are the core of the thesis as they analyze the legality of the evidence and the criteria used to determine such legality. Next, the effectiveness and nullity is analyzed also in the context...
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Books on the topic "Doctrine of the fruit of a poisonous tree"

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Dokuju no kajitsuron: "Fruit of the poisonous tree" theories. Tōkyō: Seibundō, 2010.

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Fruit of the poisonous tree: Evidence derived from illegally or improperly obtained evidence. Annandale, N.S.W: Federation Press, 2010.

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Harris, Norm. Fruit of a Poisonous Tree. 1st Books Library, 2001.

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Evans, J. R. Fruit of a Poisonous Tree. PublishAmerica, 2005.

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Lebow, Morton A. Fruit of a Poisonous Tree: A Novel of Politics and Abortion. iUniverse, Inc., 2006.

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Book chapters on the topic "Doctrine of the fruit of a poisonous tree"

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Karsai, Krisztina. "“The Fruit of the Poisonous Tree Doctrine” im europäischen Vergleich." In Beiträge zum deutschen und türkischen Strafrecht und Strafprozessrecht, 107–29. Nomos Verlagsgesellschaft mbH & Co. KG, 2010. http://dx.doi.org/10.5771/9783845226491-107.

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Öztürk, Bahri, and Liane Wörner. "Das fernwirkende Beweisverbot im türkischen und im deutschen Strafverfahrensrecht – Zu den Auswirkungen der fruit of the poisonous tree Doktrin im kontinentaleuropäisch geprägten Strafverfahren." In Die Entwicklung von Rechtssystemen in ihrer gesellschaftlichen Verankerung, 107–53. Nomos Verlagsgesellschaft mbH & Co. KG, 2013. http://dx.doi.org/10.5771/9783845245997-107.

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Öztürk, Bahri, and Liane Wörner. "Das fernwirkende Beweisverbot im türkischen und im deutschen Strafverfahrensrecht – Zu den Auswirkungen der fruit of the poisonous tree Doktrin im kontinentaleuropäisch geprägten Strafverfahren." In Die Entwicklung von Rechtssystemen in ihrer gesellschaftlichen Verankerung, 109–54. Nomos, 2014. http://dx.doi.org/10.5771/9783845245997-109.

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Conference papers on the topic "Doctrine of the fruit of a poisonous tree"

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Jurkevich, Tatjana. "THE DOCTRINE OF FRUIT OF THE POISONOUS TREE IN THE REALITIES OF LATVIAN CRIMINAL PROCEEDINGS." In 6th SWS International Scientific Conference on Social Sciences ISCSS 2019. STEF92 Technology, 2019. http://dx.doi.org/10.5593/sws.iscss.2019.1/s02.029.

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