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Do Exclusionary Rules Ensure a Fair Trial?

A Comparative Perspective on Evidentiary Rules

  • Book
  • Open Access
  • © 2019

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  • Compares exclusion of evidence in criminal proceedings across a broad selection of legal systems
  • Identifies key points for an efficient implementation of exclusionary rules
  • It is an open access

Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT, volume 74)

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Table of contents (12 chapters)


About this book

This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. 

Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.

Editors and Affiliations

  • Juristische Fakultät der Universität Basel, Basel, Switzerland

    Sabine Gless

  • Freiburg im Breisgau, Germany

    Thomas Richter

About the editors

Dr. Sabine Gless teaches criminal law, criminal procedure and international criminal law at the University of Basel, Switzerland. She has conducted extensive comparative research in the area of criminal procedure, with a focus on evidence law and international cooperation. In both areas, human rights and issues concerning the exclusion of evidence have been at the centre of her research interests. More recently she covers topics related to the use of robots in criminal justice systems. 
Dr. Thomas Richter served as the head of the East Asian Department of the Max Planck Institute for Foreign and International Law in Freiburg, Germany. In this capacity, he analysed the criminal law and criminal procedure law of the PRC and co-directed a comparative study on non-prosecution policies in Germany and the PRC. Most recently, he assessed the Rule of Law Programme for Asia, initiated by the German Konrad Adenauer Foundation (2013). Hisresearch interests include criminal law, human rights law and environmental law in East and South-East Asia, especially in China.

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