Libro Primero · Título III · Capítulo V Sección Primera. Disposiciones generales

Unless criminal law provides otherwise, the Public Prosecutor's Office and the tribunals have the duty to seek, on their own, the ascertainment of the truth through permitted means of evidence and to strictly comply with the precepts of this Code.

During the trial, the tribunals may only proceed on their own initiative to incorporate evidence not offered by the parties, on the occasions and under the conditions prescribed by law.

All facts and circumstances of interest for the correct resolution of the case may be proved by any permitted means of evidence. In particular, the limitations of the law relating to the civil status of persons shall govern.

A means of evidence, to be admitted, must refer directly or indirectly to the object of the investigation and be useful for the discovery of the truth. The tribunals may limit the means of evidence offered to prove a fact or a circumstance when they are manifestly abundant. Inadmissible, in particular, are the elements of evidence obtained by a prohibited means, such as torture, undue intrusion into the privacy of the domicile or residence, correspondence, communications, papers and private archives.

When a fact is asserted as notorious, the tribunal, with the agreement of all the parties, may dispense with the evidence offered to prove it, declaring it proven. The tribunal may, on its own initiative, prompt the agreement.

In addition to the means of evidence provided for in this chapter, other different ones may be used, provided that they do not suppress the guarantees and powers of the persons regulated in this Code or affect the institutional system. The form of their incorporation into the procedure shall be adapted to the most analogous means of evidence among those provided for, insofar as possible.

Every element of evidence, to be assessed, must have been obtained through a permitted procedure and incorporated into the proceedings in accordance with the provisions of this Code.

The elements of evidence so incorporated shall be assessed in accordance with the system of sound reasoned judgment, and may not be subjected to legal limitations other than those expressly provided in this Code.