Part One
GENERAL PROVISIONS
Chapter I
BASIC RULES
Free Evaluation of Evidence and Legally Invalid Evidence
Article 17
(1) Courts and State Prosecutors shall appraise the existence or non-existence of facts on which to base their decisions at their discretion.
(2) Judgments may not be founded on evidence that have been obtained by violating human rights and fundamental freedoms guaranteed by the Constitution or by ratified international treaties or on evidence obtained by violating the criminal proceedings provisions as well as other evidence obtained therefrom, nor may such evidence be used in the proceedings.
Part Two
COURSE OF THE PROCEEDINGS
V THE MAIN HEARING AND JUDGMENT
Chapter XXII
THE MAIN HEARING
7. EVIDENTIARY PROCEDURE
Presentation of evidence
Article 346
(1) After the examination of the defendant, the proceedings shall be continued with the presentation of evidence.
(2) Presentation of evidence comprise all facts deemed by the Court to be important for a correct adjudication.
(3) The evidence shall be examined in the order determined by the Chair of the Panel. As a rule, the evidence proposed by the Prosecutor shall be presented first, and thereafter the evidence proposed by the defense, and at the end the evidence for which the Court by virtue of an office ordered to be presented. If the injured party who is present should testify in the capacity of a witness, his/her examination shall be carried out immediately after the examination of the defendant.
(4) Until the conclusion of the main hearing the parties and the injured party may propose that new facts be clarified and new evidence be obtained and they may repeat motions already rejected by the Chair of the Panel or the Panel.
(5) The Panel may decide to present the evidence that has not been proposed by a motion or if such a motion has been withdrawn.
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.