Inadmissible evidence and juridical consequences of their use

AuthorFitim Shishani
Vol. 2 No. 3
January, 2017
Balkan Journal of Interdisciplinary Research
IIPCCL Publishing, Tirana-Albania
ISSN 2410-759X
Acces online at
Inadmissible evidence and juridical consequences of their use
Fitim Shishani
Every well-organized state, since the slavery system, has certainly seen as reasonable
draW ing of the rules which determine the behaviour of individuals in society.
However, in order to ght successfully occurrence of crime, the state has foreseen the
procedural rules on the activities of entities such as the courts, police and prosecutors,
with the aim of lighting and solving a particular criminal mam er.To accomplish
this goal, it is required to verify certain relevant legal facts as the existence of a
criminal oT ense, the existence of responsibility of the perpetrator, etc. The facts in
criminal proceedings can be veri ed only with evidence. However, despite the great
importance of establishing the facts in criminal proceedings, such a thing must not
be achieved in any manner or by any means.Contemporary procedural laws prohibit
that certain evidence, whether the statement of the defendant, witness or material
evidence, be obtained by force, threat etc. The rst test that the evidence must pass
is their veri cation in court.All investigators must not only have knowledge of the
rules of evidence admissibility, but also the basic working knowledge on all kinds of
evidence that are considered valid before the court. (Becker, Ronald F., 2005, 16). The
Code of Criminal Procedure of the Republic of Kosovo pays particular importance to
the issue of evidence. General provisions for evidence are aimed at ensuring the good
quality in understanding the facts and evidence, while other provisions are focused
on data protection of persons, statement of which constitutes evidence, or protecting
some other values such as for example protection of privacy, etc.
The Criminal Procedure Code of the Republic of Kosovo, in general, establishes the
procedural form in which concrete evidence must be submim ed for veri cation of
facts in criminal proceedings, which to some extent determines the manner of their
use. First, CPC regulates the procedures for obtaining evidence prior to indictment
which include obtaining of the evidence during the investigation (Articles 119-123);
examination of witnesses (Articles 124-135); Expert examination (Articles 136-148);
and the examination of the defendant (Articles 151-155). Secondly, it regulates
evidence in the main trial (Articles 157-263).
1. Juridically invalid evidence
The Criminal Procedure Code of Kosovo contains norms which determine when a
certain way of obtaining any kind of evidence makes the evidence invalid and, as
a rule, determines juridical consequences in case of their use in rendering a judicial
decision. Article 7 of the International Covenant on Civil and Political Rights requires
that in obtaining evidence consisting of a statement, personality of the examined
(defendant) be respected. Something similar to that is required by the CPC of Kosovo.
On the other hand, some actions that violate the integrity of the personality of the
defendant or witness or which restrict the rights of certain citizens are incriminated

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