''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 20''
A. General principles:
II. In every hearing, a judge must be present. The judge cannot delegate
to somebody else the submission and evaluation of evidence, which
shall be done in a free and logic manner.
''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 20''
A. General principles:
III. Only the evidence submitted in the hearing shall be used for the
sentence. The law shall establish the exceptions for the above and the
pertinent requirements in case that the nature of the evidence
requires prior evaluation.
''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 20''
A. General principles:
IX. Any evidence obtained by violating the defendant’s fundamental rights
shall be null and void.
''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 20''
B. Defendant's rights
IV. All witnesses and any other evidence submitted by the defendant shall
be admitted within the terms established by law. Judicial authority
shall assist the defendant to enforce appearance of those witnesses
whose testimony he may request, in the terms set forth by the law.
''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 20''
C. Victim's rights:
II. The Public Prosecution Service must receive all the evidence
submitted by the victim during the preliminary criminal inquiry as well
as during proceedings. The Public Prosecution Service must carry out
the necessary steps to assists the victim. The victim has the right to
intervene in the trial and to use the legal instruments according to the
law.
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.