Unauthorized Actions Beyond the Prohibition on Evaluating Evidence Remain Outside the Scope of the Prosecutor’s Order

Acts performed without authorization pursuant to the public prosecutor’s order are unlawful, and the evidence obtained is subject to exclusion from consideration. Pursuant to Article 38, paragraph 6 of the Constitution, Article 206, subparagraph 2 (a) of the Criminal Code (which cannot form the basis for a ruling) and Article 217, paragraph 2, it is unlawful to issue a written conviction against the defendant when an acquittal should have been granted.