you are here: > Judicial Code > Article 38
 
II. Judicial Standards and Principles
 
  2.5 General Principles of Discovery and Investigation  
  Article 38-The Rules of Evidence obtained under duress  
38.1 The Rules of Evidence obtained under duress  
  Evidence obtained under duress relates to any verbal, written, video evidence obtained from a witness and/or suspect by law enforcement, court or other officials in circumstances where the man, woman or person was deliberately placed in a state of actual or implied pressure or fear in order to gain a response.  
38.2 No evidence is permitted to be entered into the Public Record if gathered through torture  
  The torture of any man, woman or person by physical and/or psychological means is an unlawful and criminal act proven throughout history to produce unreliable and tainted information.  
  Therefore, neither the end results, nor the means of such action are lawfully justified under any circumstances by the laws of the Society.  
  No evidence produced from torture is permitted to be entered as evidence, whatsoever. However, evidence that torture has been conducted is permitted in any criminal suit against those charged for the offence of conducting torture and authorizing the use of torture.  
38.3 Extreme duress  
  Where law enforcement, court or other official wearing guns and other deadly weapons seek to gain evidence from a witness and/or suspect they shall be guilty of gaining information under duress.  
  No guns or deadly weapons of any kind are permitted within the sanctuary of any Court of the Living Law.  
  No evidence gained under extreme duress is permitted to be entered as valid evidence as such information cannot be reliably said to have been given "free of duress".  
     
     
 
 

Copyright © 2009 Asia-Union.Org. All rights reserved.