Exhibits in Criminal Cases: What Are They?

Sealing and Preserving Exhibits

The sealing and preservation of exhibits is stipulated in Point a, Clause 1, Article 90 of the Criminal Procedure Code 2015, as follows:

Exhibits that need to be sealed must be sealed immediately after collection. The sealing and unsealing must be recorded in a report and included in the case files. The sealing and unsealing of exhibits shall be carried out in accordance with the Government's regulations.

Preservation of Evidence in Criminal Procedure

Exhibits in criminal cases are defined in Article 89 of the Criminal Procedure Code 2015 (effective from January 1, 2018). Accordingly:

Exhibits are the items used as tools, means of committing crimes, items with traces of crimes, items that are the object of the crime, money, or other items that have evidentiary value in proving the crime and the criminal, or have meaning in the resolution of the case.

Regarding your question about the two concepts of "exhibit" and "evidence," it is necessary to distinguish: Evidence is anything real, collected according to the procedures and processes prescribed by this Code, used as a basis to determine whether or not there is a criminal act, the person who committed the criminal act, and other details of significance in solving the case.

In fact, these two concepts are not entirely separate because, in terms of scope, evidence is broader, encompassing the concept of exhibits. According to the above definition, the exhibits in a case, if collected according to the procedures prescribed by the Criminal Procedure Code, are also considered evidence. However, conversely, evidence is not necessarily exhibits, for example: testimonies of witnesses, victims, civil plaintiffs, civil defendants, persons with rights and obligations related to the case, arrested persons, detainees, suspects, and accused persons. Please note this difference to accurately understand the sources of information regarding these concepts.

Above is the advisory content about the concept of exhibits in criminal cases. For a detailed understanding of this issue, please refer to the Criminal Procedure Code 2015.

Respectfully!