GENERAL PART
Section IV. EVIDENCE
CHAPTER 14. CONCEPT, PURPOSE AND USE OF EVIDENCE
Article 105. Facts inadmissible as evidence
1. In criminal procedure it is illegal to use as evidence or as basis for an accusation facts obtained:
* by force, threat, fraud, violation of dignity, as well with the use of other illegal actions;
* by violation of the rights of the suspect and accused to defense and that of the additional guaranties prescribed by this Code to persons unable to use the language of the court proceeding;
* by person not entitled to conduct a given criminal case or carry out an investigation or any other legal actions;
* from a person who is subject to exclusion from the criminal proceeding when he was or had to be aware of the existence of the circumstances for such an exclusion;
* by violation of the investigatory or other essential court proceedings;
* from any person who is unable to recognize a document or object, confirm its truth, and provide information about the circumstances of its origin and source;
* seizure or from any source unannounced at the court hearing;
* as a result of applying methods unacceptable for the principles of modern science.
2. Any violation of the constitutional rights, freedom of a person and citizen, or of any requirements of this Code in the form of a restriction or elimination of the rights guaranteed by law to the persons involved in the case, that influenced or could have influenced the reliability of the facts, shall be considered an essential violation in the process of obtaining evidence.
3. If the evidentiary importance of any material is lost due to the violation of the requirements of the Criminal Code by the prosecution, it shall be considered evidence if the defense so petitions. This evidence is to be considered relevant exclusively to the case of a given suspect or accused.
Article 106. Establishment of the evidence inadmissibility
1. The inadmissibility of facts as evidence as well as their restricted use in the proceeding
shall be established by either the body which conducts the proceeding or one of the sides.
2. The acceptability of the evidence shall be substantiated by the side which obtained the evidence. If the evidence was obtained in accordance with the requirements/regulations of the present Code, the grounds for the inadmissibility of the evidence are to be presented by the side which argues its acceptability.
Admissibility of evidence - national proceedings
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