Feminicidal Violence and the Nullity of Unlawful Evidence

In Mexico, illegally obtained evidence must be excluded in a criminal proceeding and should not be taken into account by the judge while determining the sentence. Based on the premise that evidence is an essential part of any criminal proceeding, the purpose of this article is to study the effects of prohibiting illicit evidence in cases of femicides committed in Mexico. This paper explains the murder of Rubí Frayre Escobedo, who was tried in Chihuahua. In addition, this chapter points out that in cases of violent murders against women, the criminal investigation carried out to obtain evidence must take into account the gender perspective, in accordance with the resolution of the Inter-American Court of Human Rights and recent protocols for judging cases of violence against women.