Evidence is the source of recognition of an important fact which cannot be determined by one’s own observation during a criminal proceeding. In such a case, procedural determining of a fact is derived from the contents of a statement made by a witness, a defendant or an expert. In addition, the determining of a fact can be derived from the contents of a document or a technical recording. Based on the presented evidence, a conclusion can be made about the existence or absence of a particular fact. During a criminal proceeding, the process of proving with evidence in the narrow sense of the word is done by the direct presentation and evaluation of the evidence. The facts in such case are determined by creating and drawing conclusion about what the evidence is proving. The evidence depends on the circumstances of each and every case. The court decides which evidence should be carried out, at the proposal of a party or ex officio. There are three stages of the proving process: decision about carrying out the evidence, carrying out the evidence and evaluation of the evidence. Proving process encompasses all the facts which are considered essential for proper adjudication by the court and the parties.