Section 226.- Any material, documentary or oral evidence, likely to prove the guilt or the innocence of the accused, is admissible, provided it is not obtained through any inducement, promise, threat, deception or other unlawful means; such evidence shall be produced in accordance with the provisions of this Code or other laws governing production of evidence.
"Section 226/1.- In case where it is appearing in Court that any evidence arised duly but derived by acting in bad faith or derived by means of the data arisen or derived wrongfully, such evidence shall not be admitted by the Court, unless the admission of such evidence will have more useful effect on giving justice than bad effect arisen from an impact on the standard of criminal justice work system or basic right and liberty of people.
In consideration of admitting an evidence according to the first paragraph the Court shall consider all circumstance of case without thinking of the following factors;
(1) Proval Value, importance and convincing of evidence.
(2) Circumstances and gravity of offence in case.
(3) Nature and injury being arisen from the acting in bad faith.
(4) A person, doing wrongful act being a cause of deriving the evidence, is punished or not and how it is.
Section 226/2.- The evidence being concerned with other offences or injured behavior of the accused person shall not be admitted by Court, in order to verify that the accused person is an offender in instituted case, unless any one of the following evidences.
(1) The evidence being directly concerned with elements of offence in the instituted case.
(2) The evidence showing manner, way or a particular form of commit an offence of the accused person.
(3) The evidence rebutting the accused person's allegation of his doing or good behavior.
Under the provisions in the first paragraph, adducing such evidence is not prohibited in order that the Court can use it for consideration of punishment determination or addition.
Section 238.- Only original documents are admissible as evidence; however, if the originals are not available, certified copies thereof or oral evidence of their contents are acceptable.
If official documents are cited as evidence, even where the
originals are still available, copies thereof certified by the authorities may be sent, unless otherwise directed in the summons.
Section 239.- Where any document is cited as evidence by a party but is not in his possession, if he informs the Court of the nature of the document and the place where it can be found, the Court shall summon the person in possession of the document to deliver it to the Court.
"Section 240.- In case where the Court does not fix the day of evidence examination according to Section 173/1, if_a party desires to allude 'the document under his ownership as an evidence, such document shall be filed with Court before the day of preliminary examination or the day of taking an evidence not less than fifteen days in order that other party can have a chance to examine and copy such document before taking that documentary evidence, unless the document which a party desires to rely upon is the note of witness' testimony or the document in which the witness' name and address are appeared or the Court deems expedient to give other order due to condition and necessity of that document.
In the case out of the enforcement of serving document according to the first paragraph, if there is a document appearing as an evidence in the stage of Court, it shall be read or sent to a party for examination, if any party wants a copy, the Court has power to order the party alluding such document to send a copy to other party, as it thinks fit.
If any party does not serve the document according to the second paragraph or does not serve a documentary evidence or a material evidence according to Section 173/2, the first paragraph, the Court has power to unaccept such evidence, unless the Court is of opinion that it is a case in the interest of justice or such action is not intentionally made and does not another party lose a chance of his proceeding with the case."
CHAPTER IV
MATERIAL EVIDENCE
Section 241.- Anything, which is used as material evidence, must be brought to the Court.
In case of it is not possible to bring it, the Court shall proceed to examine it and make a memorandum of the examination at the place where the thing is, at such time and by such means as the Court thinks fit according to the nature of the evidence.
Section 242.- In the course of an inquiry, preliminary examination or trial, anything used as material evidence shall be shown to the party or witness concerned.
If there is an unwrapping or breaking of the seal, the re-wrapping or re-sealing shall be made in the presence of the party or witness concerned.
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.