Serbia

Criminal Procedure Code

Part One
GENERAL PART

Chapter I
BASIC PROVISIONS

Assessing Evidence and Finding of Fact
Article 16

Court decisions may not be based on evidence which is, directly or indirectly, in itself or by the manner in which it was obtained, in contravention of the Constitution, this Code, other statute or universally accepted rules of international law and ratified international treaties, except in court proceedings in connection with the obtaining of such evidence.

The court is required to make an impartial assessment of the evidence examined and based on the evidence to establish with equal care both the facts against the defendant and the facts which are in his favour.

The court assesses the evidence examined which is of importance for rendering a decision at its discretion.

The court may base its judgment, or ruling corresponding to a judgment, only on facts of whose certainty it is convinced.

In case it has any doubts about the facts on which the conduct of criminal proceedings depends, the existence of the elements of a criminal offence, or application of another provision of criminal law, in its judgment, or ruling corresponding to a judgment, the court rules in favour of the defendant.

Keywords

Admissibility of evidence - national proceedings



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