ART. 100

Production of evidence

(1) During the criminal investigation, criminal investigation bodies gather and produce evidence both in favor and against a suspect or a defendant, ex officio or upon request.

(2) During the trial, the court produces evidence upon request by the prosecutor, the victim or the parties and, subsidiarily, ex officio, when it deems it necessary for the creation of its own conviction.

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(3) An application regarding the production of evidence filed during the criminal investigation or the trial is sustained or denied, on a justified basis, by the judicial bodies.

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(4) Judicial bodies may reject an application regarding the production of evidence when:

a) a piece of evidence is not relevant to the object of evidentiary in a case;

b) it is decided that sufficient evidence has been produced for proving a factual element representing the object of evidentiary;

c) a piece of evidence is not necessary, as the fact is of notoriety;

d) a piece of evidence is impossible to obtain;

e) an application was filed by a person who has no such right;

f) production of evidence is contrary to the law.