The research focuses on the exclusion of evidence, which is a procedural institute already set forth by the Code of Criminal Procedure of 1930 and considered as an independent procedural sanction for unlawfully gathered evidence by the current legislation.
Though the exclusion of evidence is consistent with the accusatorial system of the new criminal process and useful for the respect of the principle of legality in evidence gathering, certain court interpretations, with some ambiguity, have emerged about the assumptions of this form of invalidity. Most of all, recently the Italian Legislator (see the Law 5th October 2001, No. 367, on international letters rogatory and the law proposals submitted, respectively, on the 5th July 2001- Parliamentary Act C 1225 – and on the 23rd January 2002- Parliamentary Act C 2217) has stated, with a singular approach, that the exclusion of evidence shall operate also in case of mere irregularity, just in the same period in which accusatorial process principles have been recognised by the Constitution (art. 111).
