Section 127. Evidence
(1) Evidence in criminal proceedings is any information acquired in accordance with the procedures provided for in the Law, and fixed in a specific procedural form, regarding facts that persons involved in the criminal proceedings use, in the framework of the competence thereof, in order to justify the existence or non-existence of conditions included in an object of evidence.
Section 130. Admissibility of Evidence
(1) It shall be admissible to use information regarding facts acquired during criminal proceedings, if such
information was obtained and procedurally fixed in accordance with the procedures laid down in this Law.
(2) Information regarding facts that has been acquired in the following manner shall be recognised as inadmissible and unusable in proving:
1) using violence, threats, blackmail, fraud, or duress;
2) in a procedural action that was performed by a person who, in accordance with this Law, did not have the right to perform such operation;
3) allowing the violations specially indicated in this Law that prohibit the use of a specific piece of evidence;
4) violating the fundamental principles of criminal proceedings.
(3) Information regarding facts that has been obtained by allowing other procedural violations shall be considered restrictedly admissible, and may be used in proving only in the case where the allowed procedural violations are not essential or may be prevented, or such violations have not influenced the veracity of the acquired information, or if the reliability of such information is approved by the other information acquired in the proceedings.
(4) Evidence acquired in a conflict of interest situation shall be allowed only if a maintainer of prosecution is able to prove that the conflict of interests has not influenced the objective progress of the criminal proceedings.
Section 134. Material Evidence
(1) Material evidence in criminal proceedings may be anything that was used as an object for committing a criminal offence, or that has preserved traces of a criminal offence, or contains information in any other way regarding facts and is usable in proving. The same thing may be a material evidence in several criminal proceedings.
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.