Legality and admissibility of evidence in criminal proceedings

Abstract

The rapid expansion of information technology in recent decades has deeply influenced various societal domains, including the legal landscape. This impact is particularly notable in substantive criminal law, where new phenomena have emerged, and in criminal procedural law, where innovative tools have been introduced to facilitate the gathering of essential information for fair and efficient legal processes. Among these tools, modern recording technologies, encompassing visual, audio, or audiovisual formats, have gained prominence for their role in documenting events and serving as evidence in criminal proceedings. Governed by legal frameworks such as Article 10(21) of the Code of Criminal Procedure, these recordings are classified as information and technical means when meeting specified criteria, primarily serving as crucial evidence sources capturing sound, images, or their combination. However, challenges arise when parties involved in criminal proceedings independently procure such recordings, aiming to present them to law enforcement or the court discreetly and confidentially. This necessitates a clear differentiation between recordings obtained within the procedural framework, regulated by Article 114 of the Code of Criminal Procedure, and those obtained externally. Establishing such distinctions is pivotal for upholding the integrity and legality of evidence presented in criminal proceedings, ensuring fairness and transparency in the pursuit of justice. In this paper we will analyze the concepts of inadmissibility and legality of evidence in the context of criminal proceedings. The aim is to highlight their interrelation and to distinguish their key aspects. The focus will be on the issue of private recordings as evidence. We will analyse the conditions under which a private recording can be used as evidence in criminal proceedings. We will take into account the relevant case law of the courts and the European Court of Human Rights. This paper comprehensively analyses the issue of admissibility and legality of evidence in criminal proceedings, with particular emphasis on private recordings as evidence. The paper should provide a comprehensive overview of the issue and help in solving practical questions that arise in this context.

Keywords

• an evidence
• video and audio records
• private record
• proving