[2] In some countries such as Germany, the prosecutor has to actively search for both exculpatory and inculpatory circumstances and evidence before filing of action.
[3] Per the Brady v. Maryland decision, prosecutors in the United States have a duty to disclose exculpatory evidence even if not requested to do so.
In Brady v. Maryland, the U.S. Supreme Court held that such a requirement follows from constitutional due process and is consistent with the prosecutor's duty to seek justice.
[5] The rule requires that the prosecution must turn over all exculpatory evidence to the defendant in a criminal case.
Failure to do so would provide grounds for a motion to dismiss the charges or an appeal of a subsequent guilty verdict.