Part I
GENERAL PROVISIONS

Chapter I
BASIC RULES

Legally inadmissible evidence
Article 15
Court decisions may not be based on evidence which per se, or by method of collection are contrary to the provisions of the present Code, any other law, or have been collected or presented by virtue of violating human rights and fundamental freedoms envisaged by the Constitution or ratified international treaties.

Part I
GENERAL PROVISIONS

Chapter VII
EVIDENTIARY ACTIONS

3. Examination of the defendant

Basic rules for the examination of the defendant
Article 95

(2) The defendant shall be instructed that he shall be bound to appear upon a summons and immediately notify the court of any changes of his address or of intention to change his place of residence, and shall be warned of the consequences if he does not act accordingly. Thereafter, the defendant shall be informed of his rights referred to in Article 5 paragraphs 1, 6 and 7 of the present Code as well as of:

(11) If any actions have been taken in violation of the provisions of paragraphs 9 and 10 of the present Article, or if the defendant has not been instructed about his rights referred to in paragraph 2 of the present Article, or if the defendant’s statements pursuant to paragraph 10 of the present Article regarding the presence of a defense counsel have not been entered into the record, a judicial decision may not be based on the defendant’s statement.

Part I
GENERAL PROVISIONS

Chapter VII
EVIDENTIARY ACTIONS

7. Presentation of photographs, audio recordings and audio/video recordings
Article 145
(1) Photographs, audio, i.e. audio and video recordings of the undertaken evidentiary actions in compliance with the present Code may be used as evidence and serve as a basis for a judicial decision.
(2) When audio recordings are used as evidence in criminal proceedings, they must be transcribed and entered in the case file.
(3) Photographs, audio, i.e. audio and video recordings which are not referred to in paragraph 1 of the present Article may be used as evidence in criminal proceedings if their authenticity has been proved and any possibility of photomontage or video montage or any other form of tampering has been excluded and if the photograph or the recording has been taken with the tacit or explicit agreement of the suspect or defendant, where he or his voice are in the photograph or recording.
(4) Photographs, audio, i.e. audio and video recordings which have been taken without the consent of the suspect or defendant if he or his voice is at the photograph or recording may also be used as evidence in the criminal proceedings if the photograph, audio, i.e. audio and video recording also shows another person, or his voice, who has given his tacit or explicit agreement to the taking of the photograph or audio, i.e. audio and video recording.
(5) If a photograph, audio, i.e. audio and video recording contains only some objects or events and persons who are neither a suspect nor a defendant, the photograph, audio or audio and video recording may be used as evidence on condition that it has not been created through the commission of a criminal offense.
(6) Photographs or audio, i.e. audio and video recordings made without the tacit or explicit agreement of the suspect or defendant who is on them or whose voice has been recorded, may be used as evidence in criminal proceedings if the photographs or audio, i.e. audio and video recordings have been taken as part of general security measures applied in public spaces – streets, squares, parking lots, schoolyards and yards of institutions and similar public areas, or within public facilities and rooms – government authorities buildings, institutions, hospitals, schools, airports, bus and railway stations, sports stadiums and arenas and other similar public premises and open spaces as well as at shops, stores, banks, exchange bureaus, business facilities and other similar facilities where recordings are regularly made for security reasons.
(7) Photographs or audio, i.e. audio and video recordings taken without the tacit or explicit agreement of the suspect or defendant who is shown in them or whose voice has been recorded, may be used as evidence in criminal proceedings if the photographs or audio, i.e. audio and video recordings have been taken as part of security measures taken by the occupant of an apartment and other premises or by some other person at the order of the occupant of the apartment and other premises, including gardens and similar open spaces.
(8) When photographs or audio, i.e. audio and video recordings have been taken in accordance with paragraph 1 and paragraphs 3 to 7 of the present Article, a part of the photograph or recording, extracted by appropriate technical means, and a photograph made from a frame in a video recording may be used as evidence in criminal proceedings.
(9) When photographs or video, i.e. audio and video recordings have been created in accordance with paragraph 1 and paragraphs 3 to 7 of the present Article, a drawing or a sketch made on the basis of the photograph or video recording may be used as evidence in criminal proceedings, if it has been made in order to clarify a detail in the photograph or recording and if the photograph or recording is part of the evidence.

Part One
GENERAL PART

Chapter I
BASIC PROVISIONS

Evidentiary Actions
Article 15

Evidence is collected and examined in accordance with this Code.

The burden of proof is on the prosecutor.

The court examines evidence upon motions by the parties.

The court may order a party to propose additional evidence, or, exceptionally, order such evidence to be examined, if it finds that the evidence that has been examined is contradictory or unclear, and finds such action necessary in order to comprehensively examine the subject of the evidentiary action.

Part One
GENERAL PART

Chapter I
BASIC PROVISIONS

Assessing Evidence and Finding of Fact
Article 16

Court decisions may not be based on evidence which is, directly or indirectly, in itself or by the manner in which it was obtained, in contravention of the Constitution, this Code, other statute or universally accepted rules of international law and ratified international treaties, except in court proceedings in connection with the obtaining of such evidence.

The court is required to make an impartial assessment of the evidence examined and based on the evidence to establish with equal care both the facts against the defendant and the facts which are in his favour.

The court assesses the evidence examined which is of importance for rendering a decision at its discretion.

The court may base its judgment, or ruling corresponding to a judgment, only on facts of whose certainty it is convinced.

In case it has any doubts about the facts on which the conduct of criminal proceedings depends, the existence of the elements of a criminal offence, or application of another provision of criminal law, in its judgment, or ruling corresponding to a judgment, the court rules in favour of the defendant.

Part One
GENERAL PART

Chapter VII
EVIDENCE

1. Basic provisions

Proving Facts in Proceedings
Article 82

Evidence is collected and examined in proceedings in accordance with the provisions of this Code, and in other manner prescribed by law.

Part One
GENERAL PART

Chapter VII
EVIDENCE

1. Basic provisions

Unlawful Evidence
Article 84

Evidence collected in contravention of Article 16 paragraph 1 of this Code (unlawful evidence) may not be used in criminal proceedings.

Unlawful evidence is excluded from the case file, placed in a separate sealed cover and kept by the judge for preliminary proceedings until the final conclusion of the criminal proceedings, after which they are destroyed and a record is made about their destruction.

By exception from paragraph 2 of this Article, unlawful evidence is preserved until the final conclusion of court proceedings held in connection with the obtaining of such evidence.