巴基斯坦洗钱案件中非法获取的证据的可采性

Q1 Social Sciences
Muhammad Fahad Anwar
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引用次数: 0

摘要

本文旨在探讨和评估巴基斯坦关于洗钱案件中非法获取的证据的可采性的现行法律立场。设计/方法/途径一项全面的探索性分析研究表明,只要不损害司法程序的公正性或公平审判的权利,从洗钱犯罪中非法收集的证据可被视为可接受的证据。研究结果由于巴基斯坦没有成文或成规的规定,洗钱案件中非法获取证据的可采性和排除主要受可采性规则的制约。多年来,法院一直行使自由裁量权,通过相关性测试允许非法获取的证据被采纳。此外,法院还通过排除非常不利的材料来显示其自由裁量权。如果非法获取的证据与争议事项相关,则可视为可采纳的证据。从与非法行为或洗钱上游犯罪相关的行为中非法获取的证据可能会影响检方的案件,进而保护被告获得公平审判的权利。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Admissibility of illegally obtained evidence in money laundering cases in Pakistan
Purpose The purpose of this paper is to explore and evaluate the current legal position on the admissibility of illegally obtained evidence in money laundering cases in Pakistan. Design/methodology/approach A comprehensive exploratory analytical examination indicates that illegally collected evidence from money laundering offences can be considered acceptable as long as it does not compromise the fairness of the judicial process or the right to a fair trial. Findings The admissibility and exclusion of illegally obtained evidence in money laundering cases are primarily governed by the rule of admissibility due to the absence of written or codified regulations in Pakistan. Originality/value The Pakistani Criminal Justice System has always depended on well-established admissibility rules to determine the acceptance or rejection of illegally obtained evidence. For many years, courts have exercised their discretion to allow illegally obtained evidence to be admitted using the relevance test. Additionally, they have also shown their discretion by excluding highly unfavourable material. Illegally obtained evidence may be considered admissible if it is relevant to the matter in issue. Illegally obtained evidence from an act related to illegal actions or a predicate offence in money laundering might impact the prosecution's case and, in turn, protect a defendant's right to a fair trial.
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来源期刊
Journal of Financial Crime
Journal of Financial Crime Social Sciences-Law
CiteScore
3.10
自引率
0.00%
发文量
71
期刊介绍: The Journal of Financial Crime, the leading journal in this field, publishes authoritative, practical and detailed insight in the most serious and topical issues relating to the control and prevention of financial crime and related abuse. The journal''s articles are authored by some of the leading international scholars and practitioners in the fields of law, criminology, economics, criminal justice and compliance. Consequently, articles are perceptive, evidence based and have policy impact. The journal covers a wide range of current topics including, but not limited to: • Tracing through the civil law of the proceeds of fraud • Cyber-crime: prevention and detection • Intelligence led investigations • Whistleblowing and the payment of rewards for information • Identity fraud • Insider dealing prosecutions • Specialised anti-corruption investigations • Underground banking systems • Asset tracing and forfeiture • Securities regulation and enforcement • Tax regimes and tax avoidance • Deferred prosecution agreements • Personal liability of compliance managers and professional advisers
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