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ABSTRACT The paper describes the meaning of unlawful evidence in criminal proceedings and the possibility of their admission by the principle of proportionality. It will deal with the constitutional principle that guarantees the ample defense and the contradictory one and its relation with the way of admission of the tests. It also addresses the difference between illicit evidence and illegitimate evidence. It also describes the search for real truth by the magistrate, and the difficulty of obtaining absolute truth for it, which must be approximated as much as possible. In addition, it will talk about the dismantling of the illegal evidence, even when it reaches the useful result, due to its illegality. He will also cite the study on the theory of the fruits of the poisoned tree, which says that a test contaminated by its illegality contaminates all other evidence, even if the others are lawful. It will also provide an analysis of the case of unauthorized home invasion in the case of drug trafficking, and the impossibility of such proof being used in criminal proceedings. It will also investigate the possibility of admitting an unlawful evidence when favoring the defendant. Keyword: Illegal evidence. Theory of the fruits of the poisoned tree. Principle of proportionality.
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