PART IV
EVIDENCE, ACTIONS TO PROVE
CHAPTER ELEVEN
EVIDENCE
Article 79. Evidence
79.1. Facts and information, with respect to circumstances of a crime, obtained in accordance with
the grounds and rules set by this Law shall be deemed to be evidence.
79.2. Facts and information significant to reviewing and resolving the case shall be established by
testimonies of a witness, victim, suspect, accused and defendant, conclusion and testimony of an expert, physical evidence, records of inquiry, investigation and court session and other facts.
79.3. Documents and facts on a criminal case obtained through undercover activities executed in
accordance with grounds, terms and rules set by law and with permission of a procurator may be evaluated at the level of evidence, but the source of collecting and documenting activities shall be hold in secret.
79.4. If rules for obtaining and documenting evidences were not complied with or were violated, the
evidences shall lose their proving capacity and may not serve as a ground for a court decision.
79.5. An anonymous letter or information alone shall not be deemed as evidence.
PART IV
EVIDENCE, ACTIONS TO PROVE
CHAPTER ELEVEN
EVIDENCE
Article 83. Testimony of Victim
83.2. If a victim can not indicate the source of his/her testimony it shall not serve as evidence.
PART IV
EVIDENCE, ACTIONS TO PROVE
CHAPTER ELEVEN
EVIDENCE
Article 84. Testimony of Witness
84.2. If a witness can not indicate the source of his/her testimony it shall not serve as evidence.
PART IV
EVIDENCE, ACTIONS TO PROVE
CHAPTER TWELVE
ACTIVITIES OF PROOF
Article 94. Verification of Evidence
94.1. An inquiry officer, investigator, procurator and court shall be obligated to review collected
evidences comprehensively and objectively.
94.2. Evidence collected in a case can be verified by way of comparative analysis, comparing with
other evidences, collecting new evidence, and verifying the source of the evidence.
Article 95. Evaluation of Evidence
95.1. An inquiry officer, investigator, prosecutor and court shall evaluate all the evidences in their
entirety in order to determine whether the evidences which are relevant to a case and which were obtained according to law, are sufficient for reviewing and resolving the case.
95.2. In evaluating an evidence an inquiry officer, investigator, procurator, and judge, shall take law
and legal consciousness as a guidance and evaluate the evidence by their inner conviction, based on comprehensive, thorough, complete and objective review of the evidence.
95.3. For an inquiry officer, investigator, procurator and judge there shall be no evidence previously
established as being inexorably true.
95.4. There shall be no necessity to reprove facts which has been already established by a court
decision which took legal effect, but this provision shall not apply for reopening of a case based on newly discovered circumstances.
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.