{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:criminal-procedure:2015:article:133","workId":"law:eri:code:criminal-procedure:2015","expressionId":"law:eri:code:criminal-procedure:2015:en","title":"General Principles of Admissibility","number":"133","language":"en","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/133/","hierarchy":{"book":"BOOK III — PROSECUTION AND TRIAL","title":"TITLE II — TRIAL","chapter":"Chapter 4. — Evidence"},"paragraphs":[{"id":"p1","number":"1","text":"If an objection is made to the admission of any proposed evidence, the Court shall determine the admissibility of that evidence by taking into account its relevance, reliability and probative value and any prejudice that its admission might cause to a fair trial or to a fair evaluation of the testimony of a witness.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/133/#p1","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":106,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/106/?article=133&paragraph=p1#article-133-p1"}]},{"id":"p2","number":"2","text":"No evidence shall be admitted in any criminal prosecution if the Court is satisfied that such evidence was obtained in violation of the Constitution of Eritrea or the provisions of this Code.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/133/#p2","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":106,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/106/?article=133&paragraph=p2#article-133-p2"}]},{"id":"p3","number":"3","text":"In any case where the admissibility of evidence under the preceding paragraph is challenged, the prosecution shall bear the burden to prove that the evidence was obtained in a manner that is consistent with the Constitution and with the provisions of this Code.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/133/#p3","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":106,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/106/?article=133&paragraph=p3#article-133-p3"},{"sourceId":"criminal-procedure-code-2015-en","pdfPage":107,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/107/?article=133&paragraph=p3#article-133-p3"}]}],"caution":"English-language 2015 Ministry of Justice edition. Refworld catalogues the English text as an unofficial translation. Eri Atlas has not independently verified the translation or whether this text reflects later legal changes."}