Material evidence according to the code of criminal procedure of Kosovo

• Author: Fitim Shishani
• Position: University of Pristina 'Hasan Pristina'
• Pages: 57-61

European Journal of Economics, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

Vol. 1 No. 1

January 2017

ISSN 2519-1284

Acces online at www.iipccl.org

57

Material evidence according to the code of criminal procedure of Kosovo

PhD (C.) Fitim Shishani

University of Pristina “Hasan Pristina”

Abstract

In general terms, evidence can be defi ned as any material that is able to change the state of

confi dence of the investigators in relation to any actual proposal, to be judged and that is a

subject for debate. (Murphy, 2005, 55). For legal purposes nature of the evidence can be be er

understood if we refer to the nature of the judicial process. A trial is an investigation into

the events of the past that has as its main purpose to determine the acceptable level with a

probability of those events of the past, which, in accordance with the law entitle the court

to grant or deny innocence (Murphy, 2005, p. 55). From a scientifi c perspective, the evidence

could be defi ned as any material that would assist the court in determining the probability of

the events of the past that it should be investigated (Murphy, 2005, p. 56). In this sense main

objective of this manuscript is the analysis of the material evidence according to the code of

criminal procedure (hereina er: CCP) of Kosovo.

Keywords: material evidence, Code of criminal procedure, Kosovo.

Introduction

A special type of evidence of great importance to the discovery of the truth is certainly

material exhibits. Material evidence is considered any object which is important to

elucidate the facts important in se ling a criminal case. These exhibits are multiple

in numbers and diverse.1 They can be grouped in tools and equipment for the

commission of the criminal o ense (i.e. weapons, tools for forging etc.), produced

items in the criminal o ense (i.e. cash or counterfeit paperwork); goods acquired by a

criminal o ense which can be object of the criminal o ense (objects or values received

as a bribe), items in which are found traces of the criminal o ense or traces of struggle

between the perpetrator and the victim (Sahiti & Murati 2013, 289). Therefore, various

items that are linked to the criminal o ense and its perpetrator are indications which

are able to gradually lead to the scene, to the perpetrator, from the suspect to the

defendant, from the probability to the truth.

In each democratic country, the importance of the criminal and criminal-procedural

law is clear from the very purpose of having such legislation. However, there is an

entire fi eld of investigation that is directly related to evidence, more than legislation

in this fi eld. The fi eld is an a ractive mixture of logic, epistemology, sociology,

psychology and legal sciences, thus being is so broad as to include in itself a rich

1 Article 187 of CCP of Republic of Albania, states that: “items that have been used as means in committing

a criminal offence or on which there are marks/impressions or which have been the object of the defendant

actions, proceeds of the criminal offence as well as any other item which may contribute to the clarifi cation of

the circumstances of the case”. Therefore, according to Article 208, par. 1 of the CCC of Republic of Albania

“A judge or prosecutor may order, by a reasoned decision, seizure of material evidence and items connected

to the criminal offence, when they are necessary to prove the facts”.