Inadmissible evidence and juridical consequences of their use

• Author: Fitim Shishani
• Pages: 135-139

135

Vol. 2 No. 3

January, 2017

Balkan Journal of Interdisciplinary Research

IIPCCL Publishing, Tirana-Albania

ISSN 2410-759X

Acces online at www.iipccl.org

Inadmissible evidence and juridical consequences of their use

Fitim Shishani

Introduction

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 fi 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 verifi 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 fi rst test that the evidence must pass

is their verifi 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 verifi 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