Objections to the admission and production of evidence. An observation from the Federal Code of Criminal Procedure

Abstract

This article focuses on the activities of admission and production of evidence from an adversarial accusatory perspective, in order to arrive to correct and legitimate judicial decisions.

The introduction sets out the task and purposes of the article (I). It continues with an explanation of the impact and scope of contradiction as a structuring principle of an accusatory criminal process (II). Then, it exposes and details the importance of evidentiary objections to the system (III). After clarifying the aforementioned ideas, it is presented what is considered to be an ideal model in terms of evidentiary objections, addressing what is considered to be an objection, their foundations, their assumptions and a scheme regarding objections to the admissibility and production of evidence (IV). As a comparative input, it is explained how objections have been regulated in the Federal Code of Criminal Procedure (V). Finally, some brief conclusions are provided (VI).