Rights of the defence and to a fair trial
Inviolability of the home
RULING Nº 507/94
14 of July of 1994
The Court held it to be unconstitutional to interpret provisions of the Code of Criminal procedure to mean that a house search (in the present case a search of the room of a person suspected of rape) and subsequent removal of evidence could be effected by police officers with the permission of a third party who was not suspected of any offence but owned the premises (in the present case the bedroom concerned).
The judgment also raised procedural issues (on which two of the judges delivered a dissenting opinion).