Taking of evidence - national proceedings


Afghanistan - Criminal Procedure Code 2014 EN

Section 2 Criminal Case

Chapter 3 Crime Detection, Arrest of the Accused Person and Collecting Evidence

Obligation of Assigned Person in Detecting Crime:

Article 80:

(1) Detection of a crime, according to circumstances, shall take place by the police and national security operative.

(2) The police and national security operative after receiving notification about a crime or noticing the signs and traces of a crime shall go to the crime scene observing other conditions contained in this law and carry out the following activities:

1– Observing the crime scene and photographing and identifying the circumstances and conditions that reveals the occurrence of the incident.

2– Identifying the type of crime, perpetrator and victim.

3– Arresting and searching the suspect, if necessary.

4– Identifying evidence, proofs, traces and signs related to the crime, perpetrator and its consequences.

5– Identifying the individuals who were present in the crime scene at the time of occurrence of the crime and recording the statements of suspect, victim, and crime scene witnesses.

6– Taking necessary measures for safeguarding traces and seizure of items relevant to the crime.

7– Preparing registry, examining crime scene and conducting other relevant proceedings.

(3) Police and national security operative are obligated to notify the relevant prosecutor within 24 hours after the detection of the crime.

Section 2 Criminal Case

Chapter 3

Crime Detection, Arrest of the Accused Person and Collecting Evidence

Recording the Actions:

Article 85:

(1) Actions taken in the crime scene or afterwards for the purpose of detection shall be recorded by one of the relevant officials in writing as below:

1– Activities set forth in paragraph (2) of article 80 of this law.

2– Complete or brief description of the suspect, accused person, victim, witnesses and experts statements obtained during the proceedings.

(2) The statements of suspect, accused person, victim, plaintiff, witnesses and present people and informer of the crime scene should contain their signatures; if the person is unable to sign he/she should fingerprint the statement.

(3) If the individual set forth in paragraph (2) of this article refrains from signing the statement or it is not possible to obtain their signatures or fingerprints at the time, the assigned official is obligated to write down the issue and sign it.

(4) If proceedings set forth in this article are noted and registered by the assigned official as stated above, it shall be considered as an official document.

Afghanistan - Law on Extradition and Legal Cooperation 2013 EN

Chapter 3 Legal Cooperation

Article Twenty Six

Request for cooperation:

(1) A request for legal cooperation shall be accepted and presented in the detection, investigation and trial stages, depending upon the particular situation, and in accordance with the recommendations from the Ministry of Interior, the Attorney General’s Office and High Council of the Supreme Court, and can include the following:

a. Collecting evidence or obtaining statements from relevant individuals.

Afghanistan - Military Criminal Procedure Code 2010 EN

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.

Chapter 3 Investigations

Article 22.
Collection of Evidence

(b) Methods of gathering evidence include: witnesses interviews; interrogations; line-up procedures; inspections; searches; seizure; expert evaluations and interviews; and collection of physical evidence.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;