Judiciary
Trials - Criminal trials
- Investigation and indictment
- Trial procedure
- The right to counsel
- Substantive Review of the Detention Warrant
- Review of Legality of Arrest and Detention, Release on Bail
- Principle of Free Evaluation of Evidence and Confession of the Defendant
- Judgement
- Appeal procedure
- Summary Trial Procedure
Principle of Free Evaluation of Evidence and Confession of the Defendant
In criminal trials, the prosecutor is in charge of proving that the defendant committed the crime while the judge shall find whether the defendant is guilty or innocent based on evidence presented by the prosecutor. Confession by the defendant would not be used as a ground for finding him or her guilt or not guilt but there should be corroborating evidence which support the confession. Confession of the defendant extracted by torture, violence, threat or after unjustly prolonged detention, involuntarily, cannot be admitted as evidence of guilt. In addition, there are grounds for believing that confession is made involuntarily, it is also not admissible. The defendant has the right to remain silent to questions.