Part I
GENERAL PROVISIONS
Chapter VII
EVIDENTIARY ACTIONS
7. Presentation of photographs, audio recordings and audio/video recordings
Article 145
(1) Photographs, audio, i.e. audio and video recordings of the undertaken evidentiary actions in compliance with the present Code may be used as evidence and serve as a basis for a judicial decision.
(2) When audio recordings are used as evidence in criminal proceedings, they must be transcribed and entered in the case file.
(3) Photographs, audio, i.e. audio and video recordings which are not referred to in paragraph 1 of the present Article may be used as evidence in criminal proceedings if their authenticity has been proved and any possibility of photomontage or video montage or any other form of tampering has been excluded and if the photograph or the recording has been taken with the tacit or explicit agreement of the suspect or defendant, where he or his voice are in the photograph or recording.
(4) Photographs, audio, i.e. audio and video recordings which have been taken without the consent of the suspect or defendant if he or his voice is at the photograph or recording may also be used as evidence in the criminal proceedings if the photograph, audio, i.e. audio and video recording also shows another person, or his voice, who has given his tacit or explicit agreement to the taking of the photograph or audio, i.e. audio and video recording.
(5) If a photograph, audio, i.e. audio and video recording contains only some objects or events and persons who are neither a suspect nor a defendant, the photograph, audio or audio and video recording may be used as evidence on condition that it has not been created through the commission of a criminal offense.
(6) Photographs or audio, i.e. audio and video recordings made without the tacit or explicit agreement of the suspect or defendant who is on them or whose voice has been recorded, may be used as evidence in criminal proceedings if the photographs or audio, i.e. audio and video recordings have been taken as part of general security measures applied in public spaces – streets, squares, parking lots, schoolyards and yards of institutions and similar public areas, or within public facilities and rooms – government authorities buildings, institutions, hospitals, schools, airports, bus and railway stations, sports stadiums and arenas and other similar public premises and open spaces as well as at shops, stores, banks, exchange bureaus, business facilities and other similar facilities where recordings are regularly made for security reasons.
(7) Photographs or audio, i.e. audio and video recordings taken without the tacit or explicit agreement of the suspect or defendant who is shown in them or whose voice has been recorded, may be used as evidence in criminal proceedings if the photographs or audio, i.e. audio and video recordings have been taken as part of security measures taken by the occupant of an apartment and other premises or by some other person at the order of the occupant of the apartment and other premises, including gardens and similar open spaces.
(8) When photographs or audio, i.e. audio and video recordings have been taken in accordance with paragraph 1 and paragraphs 3 to 7 of the present Article, a part of the photograph or recording, extracted by appropriate technical means, and a photograph made from a frame in a video recording may be used as evidence in criminal proceedings.
(9) When photographs or video, i.e. audio and video recordings have been created in accordance with paragraph 1 and paragraphs 3 to 7 of the present Article, a drawing or a sketch made on the basis of the photograph or video recording may be used as evidence in criminal proceedings, if it has been made in order to clarify a detail in the photograph or recording and if the photograph or recording is part of the evidence.
Admissibility of evidence - national proceedings
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