TEORIA GERAL DA PROVA | Processo Penal | Disposições Gerais | Aula 02
Welcome to the Channel
Introduction to Evidence in Criminal Procedure
- Ana introduces the topic of evidence in criminal procedure and encourages viewers to subscribe, like, and share the content for continued support.
Purpose of Evidence
- The primary aim of evidence is to substantiate claims made by parties involved in a case, influencing the final decision made by the judge, who is the recipient of this evidence.
Limitations on Evidence Use
- Judges cannot base their decisions solely on evidence collected during pre-trial investigations (e.g., police inquiries), as these phases do not adhere to principles such as contradiction and broad defense rights.
Exceptions to General Rules
- There are exceptions where certain types of evidence can be used:
- Cautious Evidence: Cannot be produced later (e.g., testimony from a critically ill witness).
- Non-repeatable Evidence: Can only be produced once due to its nature (e.g., forensic reports on sexual crimes).
- Anticipated Evidence: Must be gathered before trial due to potential loss (e.g., testimonies from elderly victims).
Stages of Producing Evidence
- The process involves several stages:
- Proposition: A party requests evidence production or submits it for consideration.
- Admission: The judge decides whether to accept or reject the request for producing or admitting evidence.
- Production: Once approved, both parties access the submitted evidentiary material.
- Appreciation: The judge evaluates the presented evidence and arguments before making a ruling.
Admissibility of Illicit Evidence
- Illicitly obtained evidence is inadmissible according to legal standards. For further understanding, viewers are directed to a complete lesson on this principle available on the channel.
Borrowed Evidence in Criminal Procedure
- Borrowed evidence from other cases can be utilized if it ensures that opposing parties have their right to contradict.