La teoría del fruto del árbol envenenado en la dogmática jurídico-penal: una comparativa entre México y España

Abstract

The current piece of work deals with the subject of «fruit of the poisonous tree», doctrine established by the US Supreme Court and it will be studied under the perspective of Comparative Law within Mexican and Spanish criminal procedure regulations under such any evidence wrongfully obtained, that is to say, any evidence gathered by breaking rights and basic freedoms, will not be accepted. That being the case such will not be taken as evidence in a penal proceeding, that is to say, the premise of probationary exclusionary rule will apply, from a perspective of a penal legal system which guarantees basic rights the so-called exclusion rule, which sanctions wrongfully obtained evidence to procedural ineffectiveness applies, from its origins up to current date, we shall look into the basic right guarantee of ruleset evolution together with the exceptions it comprises, the subsequent evidence, in Mexico as in Spain from a procedural perspective.