Abstract

The publication discusses the regulations relating to the functioning of the parties and taking of evidence during a hearing after the modifications of the Code of Criminal Procedure made in 2013 and 2015. The author describes the manifestations of the adversarial approach in the preparatory proceedings taking into account the amendments; discusses the scope of and conditions for court’s interference into the evidence during the evidentiary hearing conducted according to the new rules. Also the problem of personal gathering of evidence and its use for the purposes of the criminal proceedings, as well as the new exclusionary rule codified in Art. 168 of the Code of Criminal Procedure have also been given attention in the article. Those institution fit into the new formula of adversarial proceedings. Also changes in evidentiary proceedings before the court of 2nd instance and interference of the appellate court therein have been contemplated.