Article 63. Right to Fair Trial
1. Everyone shall have the right to a fair and public hearing of his or her case, within a reasonable time period, by an independent and impartial court.
2. The judicial proceedings or a part thereof may, in the cases and under the procedure prescribed by law, be held behind closed doors upon a court decision, for the purpose of protecting the private life of the participants of proceedings, the interests of minors or interests of justice, as well as state security, public order or morals.
3. The use of evidence obtained in violation of basic rights or that undermining the right to fair trial shall be prohibited .
GENERAL PART
Section One : GENERAL PROVISIONS
CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEEDINGS
Article 25. Independent Assessment of Evidence
1. The judge, as well as the agency for inquest, the investigator, or the prosecutor shall assess the evidence independently, relying on their own belief.
2. No evidence shall have a pre-determined force in criminal proceedings. The judge, as well as the agency for inquest, the investigator, or the prosecutor shall not deal with the evidence in a biased way or give more or less significance to ones in comparison with the others, before the examination of all the available evidence in accordance with a due process of law.
GENERAL PART
Section IV. EVIDENCE
CHAPTER 14. CONCEPT, PURPOSE AND USE OF EVIDENCE
Article 105. Facts inadmissible as evidence
1. In criminal procedure it is illegal to use as evidence or as basis for an accusation facts obtained:
* by force, threat, fraud, violation of dignity, as well with the use of other illegal actions;
* by violation of the rights of the suspect and accused to defense and that of the additional guaranties prescribed by this Code to persons unable to use the language of the court proceeding;
* by person not entitled to conduct a given criminal case or carry out an investigation or any other legal actions;
* from a person who is subject to exclusion from the criminal proceeding when he was or had to be aware of the existence of the circumstances for such an exclusion;
* by violation of the investigatory or other essential court proceedings;
* from any person who is unable to recognize a document or object, confirm its truth, and provide information about the circumstances of its origin and source;
* seizure or from any source unannounced at the court hearing;
* as a result of applying methods unacceptable for the principles of modern science.
2. Any violation of the constitutional rights, freedom of a person and citizen, or of any requirements of this Code in the form of a restriction or elimination of the rights guaranteed by law to the persons involved in the case, that influenced or could have influenced the reliability of the facts, shall be considered an essential violation in the process of obtaining evidence.
3. If the evidentiary importance of any material is lost due to the violation of the requirements of the Criminal Code by the prosecution, it shall be considered evidence if the defense so petitions. This evidence is to be considered relevant exclusively to the case of a given suspect or accused.
Article 106. Establishment of the evidence inadmissibility
1. The inadmissibility of facts as evidence as well as their restricted use in the proceeding
shall be established by either the body which conducts the proceeding or one of the sides.
2. The acceptability of the evidence shall be substantiated by the side which obtained the evidence. If the evidence was obtained in accordance with the requirements/regulations of the present Code, the grounds for the inadmissibility of the evidence are to be presented by the side which argues its acceptability.
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.