Exploring the rule of admissibility in the criminal process: theoretical and practical analysis

Respecting the rule of admissibility of evidence is essential for a criminal process, certain rules regarding the admissibility of evidence being established in the jurisprudence of the ECtHR and incorporated into national legislation. Generally, the principle of admissibility of evidence means that in principle any evidence is admissible, except in cases where legal limitations and limitations imposed by general principles intervene. This article analyzes the rules of admissibility of evidence in criminal proceedings provided at the European and national levels, paying attention to the functions of admissibility in the criminal process, especially the guarantee function. At the same time, the article reflects the state of scientific discussion regarding the recognition of illegally obtained evidence as “inadmissible evidence”, as well as the authors’ opinions on this issue.