Law of Evidence at Kosovo
In Kosovo, the law of evidence is primarily governed by the Criminal Procedure Code, specifically the Provisional Criminal Procedure Code of Kosovo, which was enacted in 2013 and later amended by Law No. 06/L-091 in 2019. These legal frameworks establish the rules and standards for the admissibility and evaluation of evidence in criminal proceedings. (LAW NO. 06/L-091 ON AMENDING AND SUPPLEMENTING THE CRIMINAL PROCEDURE CODE No.04/L-123)
Key Provisions of the Criminal Procedure Code
1. Admissibility of Evidence
Article 152 of the Provisional Criminal Procedure Code stipulates that evidence is admissible if it is relevant and has probative value concerning the specific criminal proceedings. The court has the authority to assess all evidence freely to determine its relevance or admissibility. However, evidence may be rejected if it is unnecessary, irrelevant, superfluous, wholly inappropriate, unobtainable, or intended to prolong proceedings. (GENERAL PROVISIONS RELATING TO EVIDENCE - PROVISIONAL CRIMINAL PROCEDURE CODE OF KOSOVO)
2. Inadmissible Evidence
According to Article 153, evidence obtained in violation of the provisions of criminal procedure is inadmissible when the Code or other legal provisions expressly so prescribe. The court cannot base a decision on inadmissible evidence. (GENERAL PROVISIONS RELATING TO EVIDENCE - PROVISIONAL CRIMINAL PROCEDURE CODE OF KOSOVO)
3. Protection Against Coercion
Article 155 prohibits any form of ill-treatment, induced fatigue, physical interference, administration of drugs, torture, coercion, or hypnosis during questioning or examination. If questioning or examination occurs in violation of this prohibition, no record of such questioning or examination shall be admissible. (GENERAL PROVISIONS RELATING TO EVIDENCE - PROVISIONAL CRIMINAL PROCEDURE CODE OF KOSOVO)
4. Use of Statements
Article 156 outlines that a statement by the defendant given to the police or the public prosecutor may be admissible evidence in court only when taken in accordance with specific provisions. Such statements can be used to challenge the defendant's testimony in court. (GENERAL PROVISIONS RELATING TO EVIDENCE - PROVISIONAL CRIMINAL PROCEDURE CODE OF KOSOVO)
5. Evaluation of Evidence
Article 157 emphasizes that the court shall not find the accused guilty based solely, or to a decisive extent, on testimony or other evidence which could not be challenged by the defendant or defense counsel through questioning during some stage of the criminal proceedings. The court must ensure that all evidence is subject to scrutiny to uphold the fairness of the trial. (GENERAL PROVISIONS RELATING TO EVIDENCE - PROVISIONAL CRIMINAL PROCEDURE CODE OF KOSOVO)
Role of Expert Evidence
Expert opinions play a significant role in criminal proceedings in Kosovo. The Criminal Procedure Code provides for the appointment of experts to assist the court in understanding complex issues beyond the general knowledge of judges. Experts' opinions are considered evidence, and their credibility and relevance are assessed in the same manner as other types of evidence. (Expertise and Procedural position of Expert’s under the Kosovo Code of Criminal Procedure | Shishani | Acta Universitatis Danubius. Juridica)
Kosovo Specialist Chambers
For cases involving war crimes and crimes against humanity, the Kosovo Specialist Chambers operates under a separate legal framework. The Rules of Procedure and Evidence adopted by the Specialist Chambers govern the conduct of judicial proceedings before all levels of the Specialist Chambers, including the Basic Court Chamber, the Court of Appeal Chamber, and the Supreme Court Chamber. These rules emphasize the protection of witnesses, victims, and other persons at risk due to their testimony or cooperation with the Specialist Chambers. (Special Kosovo court upholds most convictions of 2 veterans, Judges Adopt Rules of Procedure and Evidence | Kosovo Specialist Chambers & Specialist Prosecutor's Office)
Conclusion
Kosovo's legal system provides a comprehensive framework for the admissibility and evaluation of evidence in criminal proceedings, ensuring fairness and adherence to international standards. The integration of expert opinions and the establishment of specialized courts for war crimes underscore Kosovo's commitment to upholding justice and the rule of law.
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