Both you and the prosecutor have the right to submit evidence to the court under equal conditions. This means that you can give the court any evidence that you consider important to the case.
Relevant and lawful evidence
The court is not obliged to accept all the evidence submitted to it. Before accepting evidence, the court can assess whether:
- the evidence is relevant to your case
- the evidence has been lawfully obtained
Evidence has to be obtained lawfully, that is, it has to be obtained according to the procedures prescribed by law and human rights should not be violated in the process of gathering the evidence.
Evidence obtained through torture or inhuman treatment, or by the use of force or threats can never be used in the court.
example If in trying to make you confess, the investigator has made threats to your life, such evidence cannot be used in court.
Evidence that has been obtained in violation of procedural rules can be used in court only if such violation is a minor one and the violation could not have affected the reliability or truthfulness of the evidence.
Reliability of the evidence
The court can also assess the reliability of the evidence. In assessing the reliability, the court can take into account the nature of the evidence, whether it is a photograph, document or witness testimony, and whether it is supported by other evidence in your case.