The Evidentiary System in the New Criminal Procedure Code

The new Criminal Procedure Code affirms that criminal proceedings are carried out with a balanced combination of an active judge system and opposing parties in court hearings. The law's explanation states that the "active judge system" means that the judge has a major role in directing, deciding cases, actively finding facts, and carefully assessing evidence; while "opposing parties in a balanced manner" indicates an adversarial character that still guarantees a balance of rights between law enforcement and the suspect or defendant. This means that the new Criminal Procedure Code does not adhere to a purely passive or purely adversarial model, but a mixed model that places the judge centrally in the search for material truth.

At the decision stage, the normative formulation used is that if, according to the judge, the results of the examination in court show that the alleged crime is proven legitimately and convincingly, the defendant is sentenced to punishment or action. Conversely, if it is not proven legitimately and convincingly, the defendant is acquitted; and if the act is proven but there is a basis for the elimination of the crime, the defendant is released from all legal charges.