Translation of "élément de preuve recevable en soi " (French → English) :

When assessing statements made by suspects or accused persons or evidence obtained in breach of the right to remain silent or the right not to incriminate oneself, courts and judges should respect the rights of the defence and the fairness of the proceedings.

In their view, undisclosed and unverifiable data does not, of itself, consitute a proof of circumvention and according to them, the Commission had not demonstrated, on the basis of on positive evidence, that circumvention was taking place.

- that destruction be carried out, unless otherwise specified in national legislation, at the expense and under the responsibility of the right-holder, and be systematically preceded by the taking of samples for keeping by the customs authorities in such conditions that they constitute evidence admissible in legal proceedings in the Member State in which they might be needed.

- that destruction be carried out, unless otherwise specified in national legislation, at the expense and under the responsibility of the right-holder, and be systematically preceded by the taking of samples for keeping by the customs authorities in such conditions that they constitute evidence admissible in legal proceedings in the Member State in which they might be needed.

36. The principle of mutual recognition should also apply to pre-trial orders, in particular to those which would enable competent authorities quickly to secure evidence and to seize assets which are easily movable; evidence lawfully gathered by one Member State's authorities should be admissible before the courts of other Member States, taking into account the standards that apply there.

In accordance with paragraph 36 of the Presidency Conclusions from the Tampere European Council, the Member States shall consider different ways and means, including minimum standards for decisions on the collection of evidence, and the Council should adopt the necessary instrument with a view towards ensuring that evidence lawfully gathered by one Member State's authorities is admissible before the courts of other Member States, subject to the principle of judicial independence and taking into account the standards that apply in such other Member States.