An analysis by Laurent BERNET, Lerins partner.
On 22 December 2023, the plenary assembly of the Cour de cassation issued a major ruling, revising its stance on the admissibility of evidence obtained unfairly.
The Supreme Court now invites the judge to assess whether such evidence is essential to the exercise of the “right to evidence” and whether the impact on the fairness of the trial remains proportionate.
This ruling raises questions about the balance that needs to be struck between the means available to allow the truth to emerge and the rights attached to the trial, as well as the impact of this case law on judicial practices.
