On the Prohibition of Evidence Illegally Obtained by Private Parties

Abstract

This article explores the issue of excluding evidence obtained by private individuals through illegal means in criminal proceedings in mainland China. Although the Criminal Procedure Law establishes provisions for evidence collection by judicial authorities and the exclusion of illegally obtained evidence, it does not explicit-ly address the legality or admissibility of evidence collected by private individuals. In practice, private evidence collection often infringes on the legal rights of the individuals involved, creating challenges for judicial authorities when handling such evidence. This paper proposes the introduction of the “balancing of legal inter-ests” theory, which suggests determining the admissibility of evidence based on the extent to which the evidence collection infringes upon the rights of the individu-al and balancing the pursuit of truth with procedural justice in the case. Through this mechanism, the paper aims to provide clear guiding principles for judicial prac-tice, safeguard legal rights, and ensure fairness and efficiency in the judicial process.