Article 93. Evidence
(1) Evidence is the actual data obtained in the manner set forth hereunder that are used to confirm the existence or nonexistence of a crime, to identify the perpetrator, to state the guilt and to determine other circumstances important for a just settlement of the case.
(2) In a criminal proceeding, the following actual data established through the following means shall be admitted in evidence:
1) the testimonies of the suspect/accused/defendant, injured party, civil party, civilly liable party, witnesses;
2) an expert’s report;
3) material evidence;
4) transcripts of the criminal investigation or of judicial inquiry;
5) documents (including official ones);
6) audio and video recordings and pictures;
7) technical and scientific and medical and forensic reports;
8) procedural acts where the results of the special investigative measures and their annexes shall be recorded, including the verbatim records, photos, records and others.
(3) The actual data may be used in a criminal proceeding as evidence if they were obtained by the criminal investigative body or any other party in the proceeding in line with the provisions of this Code.
(4) The actual data obtained through special investigative activities may be admitted in evidence only if they are managed and verified through the means specified in para. (2), in line with the provisions of procedural law observing the rights and liberties of the person or limiting certain rights and liberties upon authorization by the court.
(5) Factual data collected by the joint international teams conducting criminal investigation may be admitted in evidence only if they were managed by the means of evidence provided in para.(2).
Article 97. Circumstances Confirmed by Certain Sources of Evidence
The following circumstances shall be confirmed in a criminal proceeding by certain sources of evidence:
1) the cause of death by a medical and forensic expert report;
2) the existence, nature and degree of bodily injuries- by a medical and forensic expert report;
3) the incapacity of a person at the moment a prejudicial act is committed to be aware of his/her actions or inactions or to control them as a result of a mental disease, of a temporary mental disorder or of any other health disturbance or debility - by a psychiatric expert report;
4) the incapacity of a witness to perceive or to reproduce the circumstances to be confirmed in the criminal case as a result of a mental disease, of a temporary mental disorder or of any other health disturbance or debility - by a psychiatric expert report;
5) the injured party or the suspect/accused/defendant reaching a certain age if important for the case - by an affidavit confirming age, and in the case of incapacity related to age - by a medical and forensic or psychiatric expert report;
6) the criminal history of the suspect/accused/defendant - by an affidavit on his/her criminal record or, as the case may be, by copies of final court convictions.
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.