Author is dealing with the problem of exclusion of evidence which is regulated with the newest novel of the ZKP. In the beginning she presents the basic legal questions, and thereafter she concentrates on the exclusion procedure. Firstly she tries to differ, and to present, the material and procedural supposition of exclusion of evidence. Thereafter she continues with the problems of burden of proof, and at the end she presents the issues of competence and legal means. She points out the changes brought by the novel ZKP-K, and most burning questions of the jurisprudence, now and in the future. She concludes the article by stressing two things which are important for development of exclusion in Slovenian jurisprudence. The first is the legislative regulation of this institute, and the second is the responsible application in criminal procedures by defenders.