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(5) The Panel may decide to present the evidence that has not been proposed by a motion or if such a motion has been withdrawn.