Illegally obtained evidence
Evidence obtained in violation of fundamental rights (inviolability of home, secrecy of communications, privacy). Inadmissible in court (Art. 11.1 LOPJ). The "fruit of the poisonous tree" doctrine extends nullity to derived evidence. It must be invoked by the defence through a nullity application or appeal.
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Other Criminal law terms
Circumstance that reduces the severity of the crime and allows imposing the sentence in its lower half. Includes: confession, damage repair, undue delays, drug addiction, kinship and analogous mitigating.
Circumstance that increases the severity of the crime and allows imposing the sentence in its upper half. Includes: treachery, abuse of superiority, disguise, price, discrimination and recidivism.
Benefit allowing suspension of imprisonment not exceeding 2 years (exceptionally 5), conditioned on not reoffending during the fixed period (2-5 years).
Agreement whereby the accused admits the facts and accepts the requested sentence, avoiding trial. In abbreviated proceedings it may be entered at any point before trial. Limit: if the requested sentence exceeds 6 years' imprisonment, the plea is only possible if the court freely accepts it.
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