Nullity: Effects derived from the declaration of evidentiary illegality, especially in the trial stage of the accusatory criminal process in accordance with the National Code of Criminal Procedure.

Abstract

Evidentiary illegality is analyzed through a formal methodology and simple documentary technique. It is a consequence of obtaining or incorporating data, evidence or proof in a procedure or in the process itself, in violation of human rights, specifying that the resulting nullity is of an absolute nature, the immediate effect of which is its evidentiary ineffectiveness; if it is declared at the intermediate stage, it implies evidentiary exclusion and at any other stage, the impossibility of assessing the data or evidence within the evidentiary context. The study is justified by the need to provide information that allows judges and legal professionals to assess the effects of the declaration of evidentiary illegality.