Article 15
Evidence is collected and examined in accordance with this Code.

The burden of proof is on the prosecutor.

The court examines evidence upon motions by the parties.

The court may order a party to propose additional evidence, or, exceptionally, order such evidence to be examined, if it finds that the evidence that has been examined is contradictory or unclear, and finds such action necessary in order to comprehensively examine the subject of the evidentiary action.

Article 16

Court decisions may not be based on evidence which is, directly or indirectly, in itself or by the manner in which it was obtained, in contravention of the Constitution, this Code, other statute or universally accepted rules of international law and ratified international treaties, except in court proceedings in connection with the obtaining of such evidence.

The court is required to make an impartial assessment of the evidence examined and based on the evidence to establish with equal care both the facts against the defendant and the facts which are in his favour.

The court assesses the evidence examined which is of importance for rendering a decision at its discretion.

The court may base its judgment, or ruling corresponding to a judgment, only on facts of whose certainty it is convinced.

In case it has any doubts about the facts on which the conduct of criminal proceedings depends, the existence of the elements of a criminal offence, or application of another provision of criminal law, in its judgment, or ruling corresponding to a judgment, the court rules in favour of the defendant.

Article 82
Evidence is collected and examined in proceedings in accordance with the provisions of this Code, and in other manner prescribed by law.

Article 84

Evidence collected in contravention of Article 16 paragraph 1 of this Code (unlawful evidence) may not be used in criminal proceedings.

Unlawful evidence is excluded from the case file, placed in a separate sealed cover and kept by the judge for preliminary proceedings until the final conclusion of the criminal proceedings, after which they are destroyed and a record is made about their destruction.

By exception from paragraph 2 of this Article, unlawful evidence is preserved until the final conclusion of court proceedings held in connection with the obtaining of such evidence.

Excluding Unlawful Evidence
Article 358

If the president of the panel determines that the case-file contains transcripts or information referred to in Article 237 paragraphs 1 and 3 of this Code, he will issue a ruling on their exclusion from the files. A special appeal against this ruling is allowed.

Upon the finality of the ruling referred to in paragraph 1 of this Article, the president of the panel will act in accordance with Article 237 paragraphs 2 and 3 of this Code.

Until the conclusion of the evidentiary proceedings the panel may act in accordance with Article 407 paragraph 4 of this Code.

Excluding Unlawful Evidence
Article 407

The panel will issue a ruling ordering the following to be excluded from the files and kept separately:

transcripts of earlier examinations of persons which may not be read out for the reasons specified in Article 406 paragraph 2 of this Code;

the transcripts or information referred to in Article 237 paragraphs 1 and 3 of this Code.

A special appeal is allowed against the ruling referred to in paragraph 1 of this Article. Upon the finality of the ruling referred to in paragraph 2 of this Article, the panel will act in accordance with Article 237 paragraphs 2 and 3 of this Code.

If on the basis of examined evidence the panel finds that exclusion of evidence was not appropriate, it may until the conclusion of the evidentiary proceedings revoke the ruling referred to in paragraph 1 of this Article against which no appeal was filed and decide to examine the excluded evidence.

III LEGAL ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT

Transfer of Criminal Jurisdiction to the Republic of Serbia

Article 19

The Document on Charges in the case from paragraph 1 of this Article shall be based on evidence contained in the Prosecutor's former indictment, i.e. on evidence presented during the proceedings before the International Criminal Court, but it may be also based on other evidence in possession of the competent Public Prosecutor.

III LEGAL ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT

Transfer of Criminal Jurisdiction to the Republic of Serbia

Article 19

The evidence collected or presented by the International Criminal Court may be used in criminal proceedings in the Republic of Serbia only if it has been collected and/or presented in accordance with the Statute and the Rules of Procedure and Evidence, and if it could normally be utilised in the proceedings before the International Criminal Court.

The evidence mentioned in paragraph 4 of this Article shall be assessed by the competent court in accordance with the principle of free assessment of evidence and according to its own free conviction.

Article 14a
The evidence collected or adduced by the International Criminal Tribunal for the Former Yugoslavia may, upon referral, be used as evidence in the criminal proceedings before the domestic court, provided that they have been collected or adduced in the manner provided for by the Statues and Rules of Procedure and Evidence of the International Criminal Tribunal for the Former Yugoslavia. The existence or non-existence of the facts being proved by such evidence shall be considered by the court in accordance with the provisions of the Criminal Procedure Code.