Material evidence according to the code of criminal procedure of Kosovo

AuthorFitim Shishani
PositionUniversity of Pristina 'Hasan Pristina'
European Journal of Economics, Law and Social Sciences
IIPCCL Publishing, Graz-Austria
Vol. 1 No. 1
January 2017
ISSN 2519-1284
Acces online at
Material evidence according to the code of criminal procedure of Kosovo
PhD (C.) Fitim Shishani
University of Pristina “Hasan Pristina”
In general terms, evidence can be de ned as any material that is able to change the state of
con 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 scienti c perspective, the evidence
could be de 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.
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 eld of investigation that is directly related to evidence, more than legislation
in this eld. The 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”.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT