Difference between revisions of "Nullity of Procedure"
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A textual nullity may occur if a provision for nullification is explicitly included in a country's penal code, code of criminal procedure, constitution or other provision. For instance, if a country adopted the [[Convention Against Torture]] in its entirety, Article 15 of CAT could provide the basis for textual nullity: | A textual nullity may occur if a provision for nullification is explicitly included in a country's penal code, code of criminal procedure, constitution or other provision. For instance, if a country adopted the [[Convention Against Torture]] in its entirety, Article 15 of CAT could provide the basis for textual nullity: | ||
<blockquote>''Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.''</blockquote> | <blockquote>''Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.''</blockquote> | ||
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| + | In this case, nullity could arise if the police utilized torture to extract a confession from the defendant. Although exact textual nullities will vary from country to country and will depend very much on the crimina procedure code, several categories of procedure are typically included as textual nullities: | ||
| + | *Procedures concerning search and seizure<ref>French Criminal Procedure Code Article 56, 56-1, 57, adn 59</ref> | ||
| + | *Telephone wiretaps of a lawyer's office<ref>French Criminal Procedure Code Article 100-7</ref> | ||
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===Substantial or Virtual Nullities=== | ===Substantial or Virtual Nullities=== | ||
