'Admissibility of evidence - national proceedings' in document 'Timor-Leste - Criminal Procedure Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE V
ON PROOF

CHAPTER I
GENERAL PROVISIONS

Article 109
Elements of proof

Elements of proof comprise any facts that are legally relevant to the existence or nonexistence of a criminal offence, the punishability or unpunishability of the defendant, and the determination of the sentence, or security measure, or of any civil liability that may arise from the case.

CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE V
ON PROOF

CHAPTER I
GENERAL PROVISIONS

Article 112
Value of prohibited proof

1. Proof obtained in breach of the previous articles or of any other provision prohibitive of proof is invalid from a procedural standpoint and may only be used for criminally or disciplinarily prosecuting those committing the breach.

2. Removal of any prohibited proof from the records is compulsory, under penalty of irreparable nullity.

CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE V
ON PROOF

CHAPTER II
ON EVIDENCE

SECTION I
GENERAL PROVISION

Article 116
Admissibility of evidence

1. Any evidence that is not prohibited by law is admissible in a criminal case.

2. Evidence in a criminal case include, namely :

(a) statements made by the accused ;
(b) statements made by the aggrieved party;
(c) witness testimonies ;
(d) identification ;
(e) expert evidence ;
(d) documentary evidence ;
(g) confrontation of witnesses ;
(h) inspection of the crime scene ;
(i) reconstruction of the facts.