Both you and the prosecutor have the right to submit evidence to the court under equal conditions. This means that you can give the court any evidence that you consider important to the case.
Relevant and lawful evidence
The court is not obliged to accept all the evidence submitted to it. Before accepting evidence, the court can assess whether:
- the evidence is relevant to your case
- the evidence has been lawfully obtained
Evidence has to be obtained lawfully, that is, it has to be obtained according to the procedures prescribed by law and human rights should not be violated in the process of gathering the evidence. If certain evidence has been obtained in violation of your rights (such as the right to private life or secrecy of correspondence), it does not automatically make the proceedings unfair. The court must assess the impact of such a violation on your rights and the trial as a whole.
Evidence obtained through torture or inhumane treatment can never be used in the court. According to Slovenian law, statements obtained by the use of force, threats or any similar means of extorting can’t be used in court.
example If in trying to make you confess, the investigator has made threats to your life, such evidence cannot be used in court.
Reliability of the evidence
The court can also assess the reliability of the evidence. In assessing the reliability, the court can take into account the nature of the evidence, whether it is a photograph, document or witness testimony, and whether it is supported by other evidence in your case. The court, at its discretion, assess the probative value of each piece of evidence separately and in relation to other pieces of evidence together.