The use of evidence from other criminal proceedings is inadmissible - Supreme Court

Since the evidence was obtained as a result of investigative actions in one criminal proceeding, this makes it impossible for their further use in another proceeding and is an unconditional basis for declaring such evidence inadmissible.

This conclusion was made by the Cassation Criminal Court of the Supreme Court in case No. 127/25394 / 18. The text of the ruling recently appeared in the Unified State Register of Court Decisions.

The Criminal Court of Cassation recalled that, according to the provisions of the Criminal Procedure Code, evidence obtained as a result of a significant violation of human rights and freedoms, as well as any other evidence obtained through information obtained as a result of a significant violation of human rights and freedoms, is inadmissible. In this case, the court is obliged to recognize as violations, in particular, the conduct of procedural actions requiring the preliminary permission of the court, without such permission or in violation of its essential conditions.

By checking the production materials, it was established that in criminal proceedings against one person, his accusation was based on evidence obtained as a result of investigative actions in the course of a pre-trial investigation in another criminal proceeding (in particular, an inspection of the garage premises, a search of a car, a search of housing ). At the same time, the production facilities were not combined or separated.

The high judges noted that, firstly, this makes it impossible to further use such evidence in criminal proceedings, and, secondly, it is an unconditional basis for declaring them inadmissible.

And if the “basic evidence” was obtained in gross violation of the Criminal Procedure Code and was declared inadmissible by the court, then all other evidence that is derived from them is also inadmissible.