Circumstances to be established in criminal proceedings

Evidence in a criminal case is any factual data by which the inquirer, investigator and court, in the manner set by law, establish whether a socially dangerous act occurred, who committed it, his guilt and other circumstances important for resolving the case correctly. Kinds of evidence: the testimony of a witness, victim, suspect, accused and defendant, an expert’s opinion, physical evidence, audio and video recordings, and the records of investigative and court actions. The circumstances to be proved include the time, place and method of the act, guilt, the consequence, and circumstances that mitigate or aggravate liability. Information obtained through torture, violence, deceit or failing to explain rights cannot be evidence, that is, it is inadmissible. During interrogation the person’s identity is established, his rights and duties are explained, testimony is taken voluntarily and recorded in the minutes; carrying out investigative actions at night is forbidden except in exceptional cases. Interrogating a minor has extra safeguards: the questioning is shorter and a defender and legal representative, and a teacher if needed, take part.