Inadmissible Evidence in Criminal Proceedings – Legal Nature and Consequences

Evidence is the primary instrument for establishing the objective truth in criminal proceedings. At the same time, not every evidentiary means containing information about a committed crime may be used by the court when forming its inner conviction. Bulgarian criminal procedural law establishes clear limits regarding the admissibility of evidence, emphasizing the lawfulness of its collection and verification.

The institution of inadmissible evidence aims to guarantee the fairness of criminal proceedings and to prevent the use of evidentiary means obtained in violation of fundamental procedural rights.

Inadmissible evidence consists of evidentiary means that have been collected, examined, or admitted to the criminal proceedings in breach of mandatory procedural rules or through infringement of the fundamental rights of the participants in the process.

Their inadmissibility derives not from their content, but from the manner in which they were obtained. Even if the evidence indicates the commission of a crime, it may not be used if it was acquired unlawfully.

The legal regulation of the admissibility of evidence is mainly contained in the Criminal Procedure Code, which requires evidence to be collected and examined in accordance with the procedures and conditions prescribed by law.

The inadmissibility of evidence is also closely linked to:

• Article 56 of the Constitution of the Republic of Bulgaria (right of defense);

• the principle of a fair trial;

• Article 6 of the European Convention on Human Rights.

Judicial practice consistently holds that the use of inadmissible evidence constitutes a substantial procedural violation.

Main Categories of Inadmissible Evidence

In practice, the following categories of inadmissible evidence are most commonly encountered:

1. Evidence obtained in violation of the right of defense
   Cases in which the accused was deprived of legal counsel, was not duly informed of their rights, or was compelled to give explanations.

2. Evidence collected by an incompetent authority
   Where a procedural action has been carried out by an authority lacking material or functional competence, its results are inadmissible.

3. Evidence obtained through a substantial procedural violation
   For example, absence of mandatory participants, failure to observe required form, or performance of actions without the necessary judicial authorization.

4. Evidence obtained through violation of fundamental rights
   Such as evidence acquired through unlawful surveillance, search, or seizure in breach of statutory requirements.

Distinction Between Inadmissible and Unreliable Evidence

A clear distinction must be made between “inadmissible evidence” and “unreliable evidence”.

• Inadmissible evidence is procedurally invalid due to the manner in which it was collected.

• Unreliable evidence is evidence that, by its nature, cannot establish relevant facts or is internally contradictory.

This distinction is significant for procedural consequences and for the manner in which the court motivates its decision.

Consequences of Using Inadmissible Evidence

The use of inadmissible evidence leads to serious legal consequences, including:

• exclusion of the evidence from the evidentiary material;

• return of the case for removal of substantial procedural violations;

• annulment of the judgment or decision;

• engagement of the state’s liability under the ECHR.

Judicial practice holds that where inadmissible evidence has been decisive for forming the court’s inner conviction, the violation vitiates the entire criminal proceedings.

Significance for the Defense and Disclaimer

From the perspective of the defense, the timely identification and challenge of inadmissible evidence is a key element of procedural strategy. Active defense during the pre-trial phase may prevent the admission of such evidence and decisively influence the outcome of the case.

In conclusion, the institution of inadmissible evidence represents a balance between the state’s interest in criminal prosecution and the protection of fundamental individual rights. Criminal justice does not allow the achievement of its objectives through unlawful means. Therefore, strict compliance with the rules on admissibility of evidence is a fundamental guarantee of a fair and lawful process.

If you or a close person are involved in such a case, it is advisable to consult a lawyer specializing in criminal law who can provide legal advice and representation before the court. This article does not constitute legal advice or a legal opinion by attorney Mihail Tomov, nor is it related to a specific case or person. Legal assistance in matters related to pre-trial or trial proceedings, as well as any criminal law issues, requires professional legal consultation with a lawyer.