Matters to Be Proven in Criminal Cases

Matters to Be Proven in Criminal Cases

During the investigation, prosecution, and trial of a criminal case, competent procedural authorities must prove the following matters:

  1. Whether a criminal act occurred; the time, location, and other circumstances of the criminal act;

  2. The person who committed the criminal act; whether the person is at fault or not, whether the fault was intentional or unintentional; whether the person has criminal capacity; the purpose and motive of the crime;

  3. Mitigating and aggravating circumstances relating to the criminal liability of the suspect or defendant, and personal characteristics of the suspect or defendant;

  4. The nature and extent of damage caused by the criminal act;

  5. The causes and conditions leading to the commission of the crime;

  6. Other circumstances related to the exclusion of criminal liability, exemption from criminal liability, or exemption from punishment.

Legal basis: Article 85 of the Criminal Procedure Code 2015.

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