Desarrollo Jurisprudencial de las excepciones a la exclusión de la prueba ilícita en el proceso penal peruano

The objective of the study was to analyze the criteria applied for the exception to the exclusion of illicit evidence in the Peruvian criminal process; whether in the case of exclusion the purpose of the process has been achieved; whether criminal sentences enjoy predictability; and if these differentiate the essential content of a fundamental right. This document contributes to sustainable development goal number sixteen because it aims to use all means of proof that demonstrate the truth of the facts, especially if they are linked to crimes committed by officials or public servants; even if they have been obtained by violating fundamental rights. The type of research was basic, the study population was made up of magistrates and lawyers from the judicial district of Lima; The main results are reflected through the approval of the rule of exclusion of illicit evidence and the rejection of its exceptions. It is concluded that the exceptions must be regulated for their application and determined in which cases it is appropriate, in order to obtain uniform resolutions that allow their predictability and contribution to legal certainty.