The inclusion of material in a criminal investigation file does not automatically mean that it may be used to establish the defendant’s guilt.
A document, audio recording, electronic communication, testimony, or seized object must be examined in light of its origin, legality, authenticity, and the way it was handled during the proceedings.
What qualifies as evidence?
The Albanian Code of Criminal Procedure defines evidence as information concerning facts and circumstances related to the criminal offence, obtained from legally recognised sources and in accordance with procedural rules.
An allegation does not become true merely because it appears in the file. It must be introduced, examined, and assessed in accordance with the law.
- Whether the criminal offence was committed
- The defendant’s guilt or innocence
- The consequences and degree of responsibility
- Other circumstances affecting the proceedings
When may evidence not be used?
“Evidence obtained in breach of prohibitions established by law may not be used.”
Article 151(3) of the Code of Criminal Procedure prohibits the use of evidence obtained in breach of statutory prohibitions. Inadmissibility may be raised by the parties or by the court of its own motion at any stage of the proceedings.
Not every procedural irregularity automatically makes evidence unusable. The relevant statutory prohibition, the method of obtaining the evidence, and the legal consequence of the breach must be identified.
What about private audio recordings?
In decision no. 00-2026-208 (38) of 19 February 2026, the Criminal College of the Supreme Court held that private audio recordings made by a victim may be used as material evidence when they are introduced and authenticated in accordance with the law.
This does not mean that every private recording is automatically valid or sufficient to establish an accusation. Each recording must be verified and assessed in relation to the other evidence.
No evidence has predetermined weight
Under Article 152 of the Code of Criminal Procedure, the court must examine the evidence as a whole, assess its truthfulness and evidential weight, compare it with the other material, and explain the reasons for its conclusion.
What should the defence examine?
When evidence is used against a person, the following should be examined at a minimum:
- Its source and the manner and time in which it was obtained
- The existence of any required authorisations
- Preservation of authenticity and integrity
- The ability to verify and challenge it
- Consistency with the other evidence
- The court’s reasoning concerning its weight
Conclusion
Not every item in a criminal file may automatically be used to establish guilt. The legality of its collection, authenticity, handling, and relationship with the other evidence must be assessed within the proceedings as a whole.
This article provides general information and does not constitute legal advice for a specific matter.