Part One. General Provisions
Section III. Proof and Proving
Chapter 11. Proving
Article 85. Proving
The proving shall consist of the collection, verification and estimation of proof for the purpose of establishing the circumstances, envisaged in Article 73 of the present Code.
Article 86. Collection of Proof
1. Proof shall be collected in the course of the criminal court proceedings by the inquirer,
the investigator, the prosecutor and the court through the performance of the investigative
and of the other procedural actions, stipulated by the present Code.
2. The suspect or the accused, as well as the victim, the civil claimant, the civil defendant and their representatives shall have the right to collect and submit the written documents and the objects for enclosing them to the criminal case as proof.
3. The counsel for the defence shall have the right to collect proof by way of:
1) obtaining the objects, documents and other information;
2) questioning the persons with their consent;
3) demanding the reference notes, characteristics and other documents from the state power bodies, from the local self-government bodies and from the public associations and organizations, which are obliged to supply the requested documents or the copies thereof.
Article 87. Checking the Proof
The proof shall be checked by the inquirer, by the investigator, by the prosecutor and by the court by comparing them with the other proof kept in the criminal case, as well as by establishing their sources and by obtaining other proof, confirming or repudiating the proof under the check-up.
Article 88. Rules for the Assessment of Proof
1. Every proof shall be assessed from the point of view of its referability, admissibility and authenticity, and all collected proof in the aggregate - of their sufficiency for the resolution of the criminal case.
2. In the cases, mentioned in the second part of Article 75 of the present Code, the court, the prosecutor, the investigator and the inquirer shall recognize the proof as inadmissible.
3. The prosecutor, the investigator and the inquirer shall have the right to recognize a proof to be inadmissible upon the application from the suspect or the accused, or at their own initiative. The proof recognized as inadmissible shall not be included into the conclusion of guilt or into the bill of indictment.
4. The court shall have the right to recognize a proof as inadmissible upon the parties' application or at its own initiative in accordance with the procedure, established by Articles 234 and 235 of the present Code.
Article 89. Using Results of the Operational-Search Activity in Proving
It shall be prohibited in the course of proving to make use of the results of the operational-search activity, if they do not satisfy the demands, made on the proof by the present Code.
Article 90. Prejudice
The circumstances, established by the sentence which has come into legal force, shall be recognized by the court, by the prosecutor, by the investigator and by the inquirer without an additional verification, unless these circumstances raise the court's doubts. Such sentence, however, cannot prejudge the guilt of the persons, who have not taken part in the criminal case under consideration earlier .
Admissibility of evidence - national proceedings
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