What is Subpoena duces tecum?
In criminology, a subpoena duces tecum is a legal document that orders a person to produce documents, records, or other physical evidence for a trial or other legal proceeding.
Unlike a subpoena ad testificandum, which requires a person to appear in court and testify under oath, a subpoena duces tecum requires a person to provide tangible evidence that is relevant to a case.
Subpoenas duces tecum can be issued by prosecutors, defense attorneys, or judges, and they are commonly used in criminal investigations and trials. They can be used to obtain a wide range of evidence, including financial records, medical records, surveillance footage, and other types of documentation.
If a person receives a subpoena duces tecum, they are legally obligated to comply with its terms or face potential penalties such as fines or even arrest.
However, a person may be able to challenge a subpoena if they believe that it is overly burdensome, irrelevant, or violates their constitutional rights.
Subpoenas duces tecum are an important tool in criminal investigations and trials, as they can help to establish a defendant's guilt or innocence and ensure that relevant evidence is presented in court.
However, they must be used in accordance with the law and respect the rights of all parties involved in the legal proceeding.
