Exclusion of evidence from criminal cases in foreign state procedures: a comparative analysis

Exclusionary rules have been the subject of intense debate in the literature of recent and past years. Many studies explore in detail the characteristics of the law of evidence associated with one or more countries. Only some of them have discussed the possibility to think of a harmonize solution to the problem between countries (in Europe or outside of Europe), based on the same logic of exclusion that is shared by all. The purpose of this study is to categorise the fundamental principles of the exclusionary rules and explain the rationale behind exclusionary rules, in order to propose a collective, uniform solution to problems across Europe.