General Part
SECTION THREE
EVIDENCE AND PROOF
Chapter XIV
EVIDENCE
Article 125. The availability of evidence
125.1. If there is no doubt as to the accuracy and source of the information, documents and other items and as to the circumstances in which they were obtained, they may be accepted as evidence.
125.2. Information, documents and other items shall not be accepted as evidence in a criminal case if they are obtained in the following circumstances :
125.2.1. if the accuracy of the evidence is or may be affected by the fact that the parties to the criminal proceedings are deprived of their lawful rights, or those rights are restricted, through violation of their constitutional human and civil rights and liberties or other requirements of this Code ;
125.2.2. through the use of violence, threats, deceit, torture or other cruel, inhuman or degrading
acts ;
125.2.3. through violation of the defence rights of the suspect or accused, or the rights of a person who does not know the language used in the criminal proceedings ;
125.2.4. where the rights and duties of a party to the criminal proceedings are not explained, or not explained fully and accurately and, as a result, he exercises them wrongly ;
125.2.5. where the criminal prosecution and investigative or other procedures are conducted by a person who does not have the right to do so ;
125.2.6. where a person whose participation should be objected to, and who knows or should know the reasons precluding his participation, takes part in the criminal proceedings ;
125.2.7. where the rules governing investigative or other procedures are seriously violated ;
125.2. 8. where the document or other item is taken from a person unable to recognise it or who cannot confirm its accuracy, its source and the circumstances of its acquisition ;
125.2.9. where evidence is taken from a person unknown at the trial or from an unknown source ;
125.2.10. where evidence is taken through means conflicting with modern scientific views.
125.3. Information, documents and other items taken in the circumstances described in Article 125.2. of this Code shall be regarded as invalid and may not be used to prove any circumstance with a view to determining a charge correctly.
125.4. Material obtained through the violations described in Article 125.2. of this Code may be used as evidence of the violations concerned and the guilt of those committing them.
125.5. After a violation of the requirements of the Code of Criminal Procedure by the prosecution, the material whose evidential value is deemed to have been lost may be accepted as evidence at the request of the defence. In this case, such evidence may not concern other participants in the proceedings, but only the relevant suspect or accused. Acceptance of this material as evidence shall not mean that its accuracy cannot be disputed.
125.6. Any complaint lodged or decision taken on any matter significant to the prosecution concerned shall only confirm the fact that the complaint was lodged or the procedural decision was taken and shall not be accepted as evidence.
125.7. The prosecuting authority shall determine, either on its own initiative or further to an application by the parties to the criminal proceedings, whether information, documents and other items may not be used as evidence during the criminal prosecution, and whether they may be put to limited use.
125.8. If evidence is obtained in accordance with the requirements of this Code, it shall be for the objecting party to demonstrate grounds for its refusal.
125.9. When a criminal case is examined by the jury, the court president shall produce the material which cannot be accepted as evidence, explain its lack of legal justification to the jurors and prevent an erroneous point of view from being adopted by the parties to the criminal proceedings.
Other forms of cooperation
Cooperation under procedures of national law
Admissibility of evidence - national proceedings
Taking of evidence - national proceedings
EDIT.