“Saindētā koka augļu” doktrīnas izpratne pierādījumu pieļaujamības izvērtējumā Latvijas tiesu praksē

Abstract

The “fruit of the poisonous tree” doctrine is associated with the common law system, developing a special concept to make evidence inadmissible in court if it has been derived from the evidence that has been illegally obtained. In other jurisdictions, the application of the aforementioned doctrine has not been perceived unambiguously. In Latvia, the legislator has refrained from recognizing this doctrine; the Supreme Court likewise so far has not confirmed the application of the said doctrine, although in practice the issue of admissibility of evidence is relevant in every criminal trial.