Criminal Procedure - Detention, Evidence Nullity and Trial Guarantees
Criminal procedure tests the balance between investigation efficiency and defence rights. Examiners press on the exact consequence of a procedural breach: nullity of the act, exclusion of evidence, or disciplinary liability only.
Core rules
- Presumption of innocence; the burden of proof lies on the prosecution beyond reasonable doubt.
- Rights of the accused: to remain silent, to be informed of the charge, to counsel, to notify a relative, and to interpretation.
- Arrest requires a warrant save in flagrant cases; detention has statutory limits and must be reviewed by a judge, with release or extension reasoned in writing.
- Searches and seizures require a reasoned warrant, unless a flagrant offence or consent justifies otherwise.
- Evidence obtained through a substantial violation of defence rights is excluded; the confession must be voluntary and taken in the presence of counsel where required.
- The indictment must state the facts, the legal classification, and the evidence; trial publicity and reasoning are mandatory.
- Appeal allows full review; cassation reviews legal grounds; res judicata bars retrial save for review.
Worked example
A suspect confesses after 72 hours without counsel and without notification to his family; the record shows no waiver. The confession is vitiated by a substantial procedural violation and is excluded. The court may still convict on independent evidence, such as recovered property and witness testimony. If the confession was the only evidence, the accused is acquitted. Silence during questioning cannot be treated as corroboration.
Traps
Assuming every procedural breach produces nullity; failing to raise nullity in limine; confusing detention review with appeal; forgetting that illegal evidence does not automatically invalidate lawful evidence found independently.