Chapter 4 Incriminating Reasons
Incriminating Evidence:
Article 19:
(1) Incriminating evidence is:
- Confession of the accused;
- Testimony of the witnesses;
- Documents;
- Identification of the suspect via random lineup;
Signs: The following items of evidence, considering their importance in specialized examination, shall be considered as physical evidence:
- Video and Audio cassettes, visual surveillance or other documents or information obtained through covert surveillance measures.
- Finger, palm and foot prints.
- Bullets, bullet casings and ballistic evidence.
- Traces and signs of metal hardware and other hard objects.
- Pieces of glass.
- Blood.
- Footwear signs.
- Writings.
- Dental evidence.
- Hairs.
- Chemical, biological and electrical signs.
- Explosives, firearm and non-firing weapon.
- Means of transportation.
- Liquids, textiles, stains, acids and salts.
- Other materials and clues that have been scientifically proven by the experts to be effective in the detection of crime and criminal identification.
(2) Relevant evidence set forth in this chapter is applicable in all stages of the criminal case proceedings.
(3) Signs may provide the basis for an accusation only when they make an accurate and compatible chain of relevant facts and they prove criminal elements with certainty.
(4) The court cannot issue a decision to convict the accused person based on suspicion or if there is doubt in reasons or evidence.
Chapter 4 Incriminating Reasons
Collection, Recording, Evaluating and Maintaining Evidence and Documents
Article 20:
The judicial police officer and prosecutor are obligated to take appropriate actions in collecting, recording, evaluating, and maintaining the evidence and documents in order to clarify all case related situations regardless of loss or benefit to the suspect or accused in accordance with the provisions of this law.
Chapter 4 Incriminating Reasons
Inadmissibility of Evidence and Documents
Article 21:
The obtained evidence which is inadmissible due to violating the provisions of this law or other enforced laws shall be taken out of the file and stamped. The evidence and documents shall be maintained separately from other evidence and documents.
In all stages of the case proceedings, the prosecutor’s office and court shall ensure the existence and lack of existence of evidenceand documents set forth in paragraph (1) of this article.
Chapter 4 Incriminating Reasons
Prohibition of Taking Statements by Coercion or Enticement
Article 22:
(2) If the statements of the suspect or accused person are taken in violation of the provision set forth in paragraph (1) of this article, they shall not be admissible.
Chapter 4 Incriminating Reasons
Priority of Evidence
Article 23:
The court shall assess the evidence and issue its verdict based on evidence provided by a legal authority considering the weakness and strength of the evidence.
Chapter 4 Incriminating Reasons
Multiple Evidence
Article 24:
Existence of one sign does not provide sufficient proof to the event, unless the sign provides incontrovertible proof or other evidence confirms or approves it.
The judicial police officer and prosecutor are obligated to collect as many items of evidence as possible that can prove the crime and accusation of the suspect or accused person.
Chapter 1 General Provisions
Article 15.
Exclusionary Rule
The evidence which has been collected without respect of the legal requirements indicated in the law is considered invalid and the Court cannot base its judgment on it.
1. Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness.
2. The testimony of a witness at trial shall be given in person, except to the extent provided by the measures set forth in article 68 or in the Rules of Procedure and Evidence. The Court may also permit the giving of viva voce (oral) or recorded testimony of a witness by means of video or audio technology, as well as the introduction of documents or written transcripts, subject to this Statute and in accordance with the Rules of Procedure and Evidence. These measures shall not be prejudicial to or inconsistent with the rights of the accused.
3. The parties may submit evidence relevant to the case, in accordance with article 64. The Court shall have the authority to request the submission of all evidence that it considers necessary for the determination of the truth.
4. The Court may rule on the relevance or admissibility of any evidence, taking into account, inter alia, the probative value of the evidence and any prejudice that such evidence may cause to a fair trial or to a fair evaluation of the testimony of a witness, in accordance with the Rules of Procedure and Evidence.
5. The Court shall respect and observe privileges on confidentiality as provided for in the Rules of Procedure and Evidence.
6. The Court shall not require proof of facts of common knowledge but may take judicial notice of them.
7. Evidence obtained by means of a violation of this Statute or internationally recognized human rights shall not be admissible if:
(a) The violation casts substantial doubt on the reliability of the evidence; or
(b) The admission of the evidence would be antithetical to and would seriously damage the integrity of the proceedings.
8. When deciding on the relevance or admissibility of evidence collected by a State, the Court shall not rule on the application of the State's national law.