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Features of the Implementation of the American “Fruit of the Poisonous Tree” Doctrine in Georgian Criminal Procedural Legislation, Comparative Analysis, and Assessment of International Relevance

By Mikheil Mamniashvili

Law and World · Vol. 12, No. 38, pp. 35-64 · 2026

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Abstract

Article 72 of the Criminal Procedure Code of Georgia, in comparison with the previous Criminal Procedure Code, provides a limited list of items that may be considered inadmissible evidence. First of all, it should be noted that the current Georgian procedural legislation incorporates the long-established judicial doctrine in the American system of criminal procedure known as the “fruit of the poisonous tree”, which is a legal theory and serves as a basis for the exclusion of evidence in criminal cases. According to this doctrine, evidence obtained through a substantial violation, as well as other evidence lawfully obtained based on such evidence, is inadmissible and has no legal force if it worsens the legal position of the accused.

The paper demonstrates the features of the implementation of the so-called “fruit of the poisonous tree” judicial doctrine in Georgian criminal procedural legislation and judicial practice. The lawful implementation of this doctrine is of crucial importance in the process of administering justice with regard to the protection of human rights guaranteed by the Constitution.

Based on investigative and judicial practice, the paper also presents the type of inadmissible evidence provided for in Article 72, Part 2 of the Criminal Procedure Code of Georgia, which is obtained legally, but where there is no reasonable doubt regarding its possible replacement, substantial alteration of its characteristics, or the substantial disappearance of traces left on it.

Details

Publication type
Journal article
Author
  • Mikheil Mamniashvili - Ph.D in Law, Professor, Faculty of Law and International Relations, Georgian Technical University, Georgia
Journal
Law and World
Publication
June 30, 2026
Volume
12
Issue
38
Pages
35-64
Language
English
DOI
10.36475/12.2.3
ISSN
2346-7916
Institutions
Georgian Technical University
Access
Open access
Licence
CC BY-SA 4.0
Added to catalogue
Metadata source
Supplied by the publisher

Areas of law

Criminal Law

Keywords

Inadmissible evidence exclusion of evidence judicial doctrine authenticity of evidence exclusionary rule of evidence

Cite this record

Mamniashvili, M. (2026). Features of the Implementation of the American “Fruit of the Poisonous Tree” Doctrine in Georgian Criminal Procedural Legislation, Comparative Analysis, and Assessment of International Relevance. Law and World, 12(38), 35-64. https://doi.org/10.36475/12.2.3
Mamniashvili, Mikheil. "Features of the Implementation of the American “Fruit of the Poisonous Tree” Doctrine in Georgian Criminal Procedural Legislation, Comparative Analysis, and Assessment of International Relevance." Law and World 12, no. 38 (2026): 35-64. https://doi.org/10.36475/12.2.3.
@article{mamniashvili2026_r3pjzk,
  title     = {Features of the Implementation of the American “Fruit of the Poisonous Tree” Doctrine in Georgian Criminal Procedural Legislation, Comparative Analysis, and Assessment of International Relevance},
  author    = {Mamniashvili, Mikheil},
  year      = {2026},
  journal   = {Law and World},
  volume    = {12},
  number    = {38},
  pages     = {35--64},
  doi       = {10.36475/12.2.3},
  issn      = {2346-7916},
  language  = {en},
  url       = {https://lawandworld.ge/index.php/law/article/view/1003},
  note      = {Open access}
}
Download BibTeX 
TY  - JOUR
AU  - Mamniashvili, Mikheil
TI  - Features of the Implementation of the American “Fruit of the Poisonous Tree” Doctrine in Georgian Criminal Procedural Legislation, Comparative Analysis, and Assessment of International Relevance
PY  - 2026
JO  - Law and World
VL  - 12
IS  - 38
SN  - 2346-7916
DO  - 10.36475/12.2.3
LA  - en
UR  - https://lawandworld.ge/index.php/law/article/view/1003
AB  - Article 72 of the Criminal Procedure Code of Georgia, in comparison with the previous Criminal Procedure Code, provides a limited list of items that may be considered inadmissible evidence. First of all, it should be noted that the current Georgian procedural legislation incorporates the long-established judicial doctrine in the American system of criminal procedure known as the “fruit of the poisonous tree”, which is a legal theory and serves as a basis for the exclusion of evidence in criminal cases. According to this doctrine, evidence obtained through a substantial violation, as well as other evidence lawfully obtained based on such evidence, is inadmissible and has no legal force if it worsens the legal position of the accused. The paper demonstrates the features of the implementation of the so-called “fruit of the poisonous tree” judicial doctrine in Georgian criminal procedural legislation and judicial practice. The lawful implementation of this doctrine is of crucial importance in the process of administering justice with regard to the protection of human rights guaranteed by the Constitution. Based on investigative and judicial practice, the paper also presents the type of inadmissible evidence provided for in Article 72, Part 2 of the Criminal Procedure Code of Georgia, which is obtained legally, but where there is no reasonable doubt regarding its possible replacement, substantial alteration of its characteristics, or the substantial disappearance of traces left on it.
KW  - Inadmissible evidence
KW  - exclusion of evidence
KW  - judicial doctrine
KW  - authenticity of evidence
KW  - exclusionary rule of evidence
KW  - დაუშვებელი მტკიცებულება
KW  - მტკიცებულების გამორიცხვა
KW  - სასამართლო დოქტრინა
KW  - მტკიცებულების ნამდვილობა
KW  - მტკიცებულების გამორიცხვის წესი
SP  - 35
EP  - 64
ER  -
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