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Effects of Article 47 Violation on Evidence in Unlawful Investigations
The article discusses the impact of violating Article 47 of the Lebanese Code of Criminal Procedure, as amended in 2020, on evidence derived from invalid investigations—particularly in cases involving illegal confessions. It explains that the original "fruit of the poisonous tree" doctrine, which originated in American jurisprudence and legal thought, holds that evidence obtained through an unlawful act must be entirely excluded, including both direct and derivative evidence, in order to protect individual rights and deter authorities from violating the law. The article details the judicial development of this doctrine in the United States and its adoption by the European Court of Human Rights, examining possible exceptions such as independent source, inevitable discovery, and causal disconnect. Within the context of Lebanese law, it notes the absence of a clear legal provision or general system specifying the fate of derivative evidence, creating a legislative gap. This gap could lead to the exclusion of only the inadmissible testimony or to the suppression of investigative tools that lead to such evidence—both of which are essential for safeguarding defense rights and ensuring justice. The article advocates for a development of Lebanese jurisprudence through a tripartite standard that balances protecting the defendant’s rights with the effectiveness of justice. It considers that the true value of Article 47 lies not only in preventing authorities from benefiting from all results of a law violation but also in ensuring that all evidence obtained through such violations is excluded, thereby reinforcing fair trial principles.
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