Which are the Facts considered Inadmissible as Evidence in the Criminal Procedure?

The Criminal procedure Code of the RA provides a list of evidences that are considered as inadmissible and cannot be laid down or used as basis of the criminal proceeding case. According to the Code, in criminal procedure it is illegal to use as evidence or as basis for an accusation facts obtained:

1) by force, threat, fraud, violation of dignity, as well with the use of other illegal actions;.
2) 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;
21) Through violation of the rights of the witness provided in Article 86 Part 5 of the Criminal procedure Code
3) by person not entitled to conduct a given criminal case or carry out an investigation or any other legal actions;
4) 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;
5) by violation of the investigatory or other essential court proceedings;
6) 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;
7) seizure or from any source unannounced at the court hearing;
8) as a result of applying methods unacceptable for the principles of modern science.

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.

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.

Iravaban.net

Հետևեք մեզ Facebook-ում

  Պատուհանը կփակվի 6 վայրկյանից...   Փակել