For the purposes of a rule of law or practice requiring confirmation of evidence or regulating the manner in which unconfirmed evidence is to be dealt with, a statement admissible under section 35 of this Act shall not be considered to be confirmation of the evidence provided by the person making the statement. In criminal proceedings, any document that purports to be a report under the hand of a government analyst, physician or ballistics expert, document examiner or geologist about a person, matter or thing submitted to him for investigation or analysis may be used as evidence. It also provides that the accused is entitled to an acquittal of the offence with which he or she is charged if the court is satisfied that the evidence presented by the prosecution or defence raises reasonable doubts as to the guilt of the accused in relation to that offence. Subject to the provisions of this Act and any other Act, no evidence may be presented in any proceeding or proceeding except proof of the existence or absence of a disputed fact and of any other fact declared relevant by a provision of this Act. However, this duty shall be deemed to have been fulfilled if the court is satisfied, on the basis of the evidence provided by the prosecution on cross-examination or otherwise, that such circumstances or facts exist: Notwithstanding the provisions of paragraph 1 of this section, proof of a previous conviction for a criminal offence may be adduced after the accused has been convicted in criminal proceedings: in order to influence the sanction to be imposed by the court. `evidence` means the means by which an alleged fact, the veracity of which is investigated, is proved or refuted; and, without prejudice to the above generality, statements by the accused, confessions and observations of the court in the exercise of its judicial functions; If several documents are all produced according to a uniform procedure, as in the case of printing, lithography or photograph, each document is the main evidence of the contents of the remainder; However, if they are copies of a common original, they do not constitute principal evidence of the contents of the original. No one may be compelled to disclose to the court a confidential communication between him and his lawyer, unless he claims to be a witness; in this case, he may be compelled to disclose all communications that must be known to the court to explain the evidence he has produced; but no others. Secondary evidence as to the content of the documents referred to in section 68 § 1 (a) of this Act may be adduced only if the party seeking to produce such secondary evidence has previously sent to the party in whose possession or authority the document is required by law a request for production or communication which the court considers appropriate in the circumstances of the case: Notwithstanding the provisions of section 19 of the Oaths and Taking Affidavits Act (c. 15) Where, under this section, the testimony of the alleged victim is admitted on behalf of the prosecution in proceedings against a person for a criminal offence, the accused shall not be convicted on the basis of that evidence, unless corroborated by other physical evidence in support of the evidence accusing him: III.
is unable to: Testify; or is kept separate by the opposing party, or Oral confessions as to the content of a document may be proved only if the party seeking to prove it proves that he has the right to prove the contents of such a document in accordance with the provisions of this Law or if the authenticity of a document submitted is in question. A person who is summoned to appear as a witness under paragraph 1 (a) of this article and declares another witness unworthy may not give the reasons for his conviction during his examination-in-chief, but he may be questioned about his reasons during cross-examination, and the answers he gives may not be contradicted if they are false. Every person who makes a statement admissible as evidence under this section and intentionally and falsely declares in that statement something that, had it been committed under oath, would have constituted the offence of perjury, is deemed to have been committed and is liable to the penalty provided for therein. if the witness is dead or cannot be located or cannot testify or is kept apart by the opposing party, or if his or her presence cannot be obtained without delay or expense that the court considers unreasonable in the circumstances of the case; If a document is to be certified by law, it may not be used as evidence until at least one witness has been summoned to prove its execution, if there is a living witness who is the subject of the judicial proceedings and can testify: Part VII of the Evidence Act contains two specific provisions for computer evidence, in particular authentication and data integrity. Certification includes, but is not limited to: If the provisions of a contract, gift or other disposition of property or a matter required by law to be reduced to the form of a document are proved under section 97 of this Act, no evidence of an oral agreement or statement between the parties to such an instrument or their representatives for the purpose of opposition is admissible. Vary, supplement or subtract from its terms: If the language used in a document applies in part to one set of existing facts and in part to another, but the set does not properly apply to both, evidence may be presented to show which of the two it should apply. If one fact is legally declared as conclusive evidence of another, the court, after proving one fact, considers that the other fact is proven and admits no evidence to refute it. In civil proceedings, the court may, at any stage of the proceedings, if it is satisfied, having regard to all the circumstances of the case, that undue delay or expense would otherwise be caused, order that such a declaration be admissible under subsection (1) of this Section or, without such an order having been made: When a party requests a document: If it has requested the other party to produce it, and if the document is produced and inspected by the requesting party, it is required to produce it as evidence if the party producing it so requests and if it is admissible.
III. The exclusion of the taking of oral evidence in civil matters cannot be proved either on the express condition that the evidence is not adduced or if the court can conclude that the parties have mutually agreed that the evidence is not to be adduced. The parties to the criminal proceedings may agree, before or during the proceedings, that any written statement referred to in paragraph 1 which has not been served within the meaning of paragraph 2 shall be presented as evidence in those proceedings, after which that statement may be admitted as evidence in the proceedings merely by its presentation in those proceedings. The Tribunal may, at its discretion, order that certain evidence not be accepted on the basis of the exception referred to in point (c) if, in the opinion of the Tribunal, the adverse effect of that evidence on the accused person outweighs the prejudice caused by the attribution to the personality of the applicant or a prosecution witness so as to prevent a fair trial. Entries in the business books that are regularly kept in the course of their activities are admissible if they relate to a case in which the court is called upon to investigate; However, they alone are not sufficient to engage a person`s liability. The Court may, of its own motion and at the request of one of the parties to the proceedings, bring the person seised before the Court or, if the person concerned is domiciled outside the jurisdiction of the Tribunal, issue a summons through diplomatic channels. The foregoing statement shall be subject to the condition that, in the case of testimony given by a witness in judicial proceedings: If a party raises no objection under paragraph 2 of this article, or if the parties agree before or during the proceedings concerned that the statement may be presented as evidence, The statement may, after its mere submission in those proceedings, be admitted into evidence in the proceedings. The requirement that the person giving evidence be summoned as a witness need not be satisfied if he or she is deceased or cannot be found or cannot testify, or if his or her presence cannot be ensured without delay or without cost that the court considers unreasonable in the circumstances of the case.