What does the evidence in criminal proceedings mean?

Evidence in criminal proceedings are the facts that help establish the existence of a crime, identify the person who committed it, and resolve the case. The Code of Criminal Procedure distinguishes evidence from the means of evidence: for example, information about a person’s location is evidence, and the statement, written record, or recording through which it enters the file is the means of evidence.

What types of evidence can be administered

The law lists, among other things, the statements of the suspect or defendant, the injured person and witnesses, the records, expert reports and findings, the minutes of the proceedings and material means of evidence. Judicial bodies may also administer other means of evidence that are not prohibited by law. A piece of evidence must be relevant to the circumstances to be clarified, and its proposal does not mean that it will be automatically admitted.

Who has to prove the accusation

In criminal proceedings, the burden of proof primarily rests with the prosecutor. The suspect or defendant benefits from the presumption of innocence, has the right not to testify and is not obliged to prove his or her innocence or contribute to his or her own prosecution. During the criminal investigation and trial, evidence can be requested both in favor of and against the accused, in accordance with procedural rules.

How the evidence is evaluated

No legally administered evidence has, by law, a predetermined value. The judicial bodies evaluate the evidence as a whole and justify their conclusions. A statement is not automatically sufficient or insufficient: its credibility and strength are assessed in the context of the case file, along with the other evidence and the possibility of verifying and contesting it. Condemnation can only be pronounced if the court is convinced that the charge has been proven beyond all reasonable doubt.

When a sample can be excluded

The Code of Criminal Procedure regulates the exclusion of evidence obtained illegally. Evidence obtained through torture and derived from it may not be used. If the act authorizing or ordering the evidence is null and void, the exclusion applies under Article 102. Evidence derived from the illegal evidence cannot be excluded if it was obtained directly from the illegal evidence and could not have been obtained in any other way. Therefore, not every alleged irregularity automatically leads to the exclusion of the evidence or all subsequent evidence; the violation, the connection with the evidence, and the consequence provided by law must be shown.

What the defense can check

  • how and on the basis of which act the evidence was obtained;
  • if the conditions and procedural guarantees have been met;
  • if the records, minutes or expert reports can be verified and challenged;
  • if there are inconsistencies between the statements and the other data in the file;
  • if the evidence is relevant to the specific charge and if a derived evidence meets the conditions for exclusion.

The request for the administration or exclusion of a evidence must be motivated and submitted in the applicable procedural stage. The judicial body resolves the request in accordance with the Code of Criminal Procedure; a defense does not guarantee the admission of the request or a certain solution in the case.

Legislative sources

For related information, please consult Criminal law page. The information is general; the admissibility and effect of a piece of evidence depend on the documents and circumstances of the case.