PART ONE GENERAL PROVISIONS
Chapter I BASIC PRINCIPLES
Article 15
(1) The right of the court and state bodies which participate in the criminal procedure to evaluate existence or not existence of facts is not bound nor limited by any special formal rules of evidence.
(2) Evidence illegally obtained or obtained by violation of freedoms and rights established by the Constitution, the Code and ratified international treaties, as well as evidence derived from them cannot be used and a court decision cannot be based on them .
PART TWO COURSE OF PROCEDURE
Chapter XXII TRIAL
7. Presentation of evidence
Article 314
(1) After the defendant has been examined the procedure continues with presentation of evidence.
(2) Proving with evidence encompasses all facts which the court considers to be valid for a righteous conviction.
(3) Evidence are presented in an order which is certified by the Chairman of the Chamber. If the damaged who is present is to be heard as a witness, his hearing will be performed immediately after the examination of the accused.
(4) Evidence on certain fact cannot be rejected because it is written in the language of the nationality of the party or other participants in the procedure- citizens of the Republic of Macedonia.
(5) The parties and the damaged until the completion of the trial may suggest new facts to be presented or new evidence to be collected and may request again for the proposals which the Chairman of the Chamber or the Chamber rejected before.
(6) The Chamber may decide to be presented evidence which are not suggested before or from which the one who suggests has withdrawn.
(7) The proposal new evidence to be obtained may be rejected if:
1) it refers to an illegal manner of obtaining evidence, to an evidence whose presentation is according to law not allowed or to the fact which according to law cannot be proved (not allowed proposal);
2) the fact which according to the proposal should be certified is already certified or is not significant for the decision, i.e. there is not a connection between the facts which are to be certified and the deciding facts, or that connection due to legal reasons cannot be established (insignificant proposal);
3) there are reasons for suspicion that with the proposed evidence a significant fact cannot be certified at all or it could be done with immense difficulties, i.e. if that evidence in the previous course of the procedure could not have been obtained and it is highly likely that it cannot be obtained in the exemplary” period (inadequate proposal) and
4) is not clear, complete or according to the current condition of the acts in the procedure which the one who proposes has undertaken them, it is obvious that the proposal is focused towards a considerable delay of the procedure.
(8) The decision with which is rejected the proposal for presentation of new evidence must be elaborated. The Chamber may alter or revoke them in the further course of the procedure.
Article 315
The confession by the defendant at the trial, however complete and full, does not release the court from its duty to present other evidence .
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.