CRIMINAL PROCEDURE CODE
PART I
ON THE GENERAL PART
TITLE V
ON PROOF
CHAPTER I
GENERAL PROVISIONS
Article 109
Elements of proof
Elements of proof comprise any facts that are legally relevant to the existence or nonexistence of a criminal offence, the punishability or unpunishability of the defendant, and the determination of the sentence, or security measure, or of any civil liability that may arise from the case.
CRIMINAL PROCEDURE CODE
PART I
ON THE GENERAL PART
TITLE V
ON PROOF
CHAPTER I
GENERAL PROVISIONS
Article 112
Value of prohibited proof
1. Proof obtained in breach of the previous articles or of any other provision prohibitive of proof is invalid from a procedural standpoint and may only be used for criminally or disciplinarily prosecuting those committing the breach.
2. Removal of any prohibited proof from the records is compulsory, under penalty of irreparable nullity.
CRIMINAL PROCEDURE CODE
PART I
ON THE GENERAL PART
TITLE V
ON PROOF
CHAPTER II
ON EVIDENCE
SECTION I
GENERAL PROVISION
Article 116
Admissibility of evidence
1. Any evidence that is not prohibited by law is admissible in a criminal case.
2. Evidence in a criminal case include, namely :
(a) statements made by the accused ;
(b) statements made by the aggrieved party;
(c) witness testimonies ;
(d) identification ;
(e) expert evidence ;
(d) documentary evidence ;
(g) confrontation of witnesses ;
(h) inspection of the crime scene ;
(i) reconstruction of the facts.
PART II
FUNDAMENTAL RIGHTS, DUTIES, LIBERTIES AND GUARANTEES
TITLE II
PERSONAL RIGHTS, FREEDOMS AND GUARANTEES
Section 34 (Guarantees in criminal proceedings)
4. Evidence is of no effect if obtained by torture, coercion, infringement of the physical or moral integrity of the individual, or wrongful interference with private life, the home, correspondence or other forms of communication.
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.