Both you and the state institution have an equal right to submit evidence to the court. The court must accept your evidence on the same terms and conditions as the evidence of the other party.
The court is not obliged to accept all the evidence that is proposed by you or the institution.
There are three important criteria which require that evidence is:
As a general rule, the evidence used in court has to be obtained lawfully. This means it has to be obtained according to procedures prescribed by law and that human rights must not be violated in the process of gathering the evidence. Evidence obtained through torture or inhumane treatment is unacceptable and will always result in a violation of your rights. Such evidence cannot be used even if it is not decisive in your case.
Evidence that has been obtained in violation of procedural rules can be used in court only if such a violation is minor and could not have affected its reliability or truthfulness.
According to the Code of Misdemeanour Procedure and Code of Criminal Procedure, this is evidence which has been obtained by the use of force, threats, blackmail, fraud or coercion.
According to the Code of Misdemeanour Procedure and Code of Criminal Procedure, the court can also assess the reliability of the evidence. In assessing its reliability, the court can take into account the nature of the evidence (whether that is a photograph, document or witness testimony) and whether it is supported by other evidence in your case. All evidence is equally reliable when it is submitted. No evidence can be presumed to be more reliable than any other without individual assessment.
The court will only accept evidence that is relevant to the case. The court has the right to assess evidence and reject any which it considers to be irrelevant to the case.