La prueba ilícita ante la bifurcación del tribunal penal

The paper argues for an approach to the topic of illegally obtained evidence that focuses on the institutional design of the criminal justice system, in order to highlight some issues that otherwise remain ignored. Using the analytical tools developed by the rationalist theory of evidence law, the paper examines the implications of a criminal court divided into two tribunals, both professionals, one in charge of the admission of evidence and the other functioning as trial court. By using the Chilean criminal procedure as a case study, the paper criticizes the transplant of exceptions to the exclusionary rule, and the prohibition of assessment of illegally obtained evidence ​
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