Article 13
2. All statements or confessions obtained through violation of the provisions contained in paragraph 1 of this article shall be considered null and void.
Article (205)
In passing judgment, the judge may not rely on his personal knowledge.
Article (206)
1. Evidence is established in penal actions by all measures of proof-taking, unless the law specifies a particular measure.
2. If evidence is not established against the accused, the court acquits him.
Article (207)
The judgment shall not be predicated except on the evidence presented during the trial and openly discussed at the session in the presence of the parties.
Article (208)
While the case is in progress, the court may, at the request of the parties or sua sponte, order the presentation of any proof it deems necessary for a manifestation of the truth and may hear the testimony of any person who appears voluntarily to offer information on the case.
Article (212)
The minutes drawn up by judicial officers in misdemeanours and contraventions which they are statutorily charged with evidencing are deemed conclusive in respect of the facts established therein, unless evidence emerges to refute such facts.
Article (213)
For the minutes to have probative force, they must fulfill the following conditions:
1. They must comply with formal requirements.
2. They must be transcribed by the person who investigated the incident himself or who was personally notified thereof.
3. The person who transcribed them must have acted within the limits of his authority and in the performance of the functions of his post.
Article (214)
For a confession to be valid, it must fulfill the following conditions:
1. It must be made voluntarily and freely, without material or moral pressure or coercion, promise or threat.
2. it must correspond to the circumstances of the incident
3. it must be an express and conclusive acknowledgment by the accused that he committed the crime.
Article (215)
Confession is a measure of proof-taking that is subject to the discretion of the court.
Article (216)
The probative force of the confession is limited to the accused who made it and to none other, without prejudice to the provisions of article (215) hereof.
Article (217)
The accused has the right to remain silent, and his silence or refusal to answer shall not be construed as a confession.
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.