Unfair Evidence, Legitimate Cause: Does the End Justify (Again) the Means? By Zakaria Garno, Professor.

Between the requirement of procedural loyalty and the imperative of efficiency, the law of proof undergoes a profound change. The recent reversal of the French Court of Cassation, aligned with European case law, marks the emergence of a conditional model based on proportionality. This contribution questions, from a comparative perspective, the stakes, risks and safeguards of an admissibility framed by unfair evidence, at a time when procedural b…