LAW FIRM JURICA
Criminal Law

Collection of Evidence in Criminal Proceedings

When a crime occurs – it can be theft, a violent act, or financial fraud – there are always traces left behind. Some of them are obvious, while others are almost imperceptible. Finding, documenting, and turning these traces into procedural evidence is one of the most important parts of the criminal process.

August 15, 2025
Collection of Evidence in Criminal Proceedings

What is evidence in criminal proceedings?

According to the Lithuanian Criminal Procedure Code (Article 20), evidence is considered any factual data based on which the court, prosecutor, or pre-trial investigation officer determines circumstances relevant to the case. The collection of evidence is based on three principles:

  • Principle of Legality – evidence must be collected according to the law, otherwise, they may be deemed inadmissible.

  • Protection of Participants' Rights – while collecting evidence, it is necessary to respect human rights; coercion is prohibited.

  • Principle of Direct Investigation – evidence can only be collected by authorized officials and institutions.

In terms of form, evidence can be:

  • Personal – testimonies of witnesses and victims.

  • Material – weapons, documents, physical objects.

In terms of content:

  • Direct – e.g., video recordings capturing the crime.

  • Indirect – data from which conclusions about a fact can be drawn.

How is evidence collected?

The process of collecting evidence involves various actions regulated by the Criminal Procedure Code:

  • Interrogation of Witnesses and Victims

  • Interrogation of the Suspect

  • Searches, Seizures, Inspections of Objects and Locations

  • Expertise

  • Covert Investigative Actions, e.g., surveillance or wiretapping

Stages of Evidence Collection

  1. Initial Reflection – traces of the crime in reality: blood stains, fingerprints, bullets, witnesses' memories.

  2. Secondary Reflection – traces perceived in the investigator's or court's consciousness: they are evaluated, compared, and interpreted.

  3. Procedural Formalization – traces turn into legal evidence: they are documented in protocols, supplemented with photographs, recordings, or expert conclusions. It is important to ensure the chain of custody so that there are no doubts about their authenticity in court.

Example: a blood stain is not evidence by itself. Only by taking a sample according to the procedure, conducting DNA analysis, and properly documenting the results does it gain legal force.

Why is evidence collection important?

Evidence collection is not just a technical process but also a responsibility for the implementation of justice. Improperly collected evidence can be dismissed, which can determine the outcome of the entire case. Moreover, proper evidence collection protects innocent individuals from unfounded accusations.

Conclusions

From the first trace of the crime to the final court decision, the journey is long. Every detail – from a thorough examination of the crime scene to the precise drafting of protocols – can be crucial. Evidence collection is a bridge between crime and justice. The stronger it is, the more we can trust that justice will be a real value, not just a word of the law.