Evidence in Legal Proceedings: Types, Admissibility, and Value
Evidence in Legal Proceedings
Means of Proof
Evidence connects the judge with unknown facts, allowing for their verification based on provided reasons. Article 175 of the Civil Code outlines admissible evidence, including declarations, oaths, testimonies, expert opinions, court inspections, documents, and other convincing means.
Key means of proof include:
- Declaration of party (confession)
- Testimonials
- Documentary proof
- Expert proof
- Judicial inspection
- Questioning of parties
Article 51 of the LPC and SS states that all legally established evidence is admissible. Expert evidence is used when specialized knowledge is required.
Evidence is the formal demonstration of judicial truth, establishing the discussed facts.
Types of Civil Evidence
Evidence aims to produce conviction in court. Article 289 of the Civil Procedure Code for the DF recognizes the following evidence:
- Confession
- Public documents
- Private documents
- Expert opinions
- Recognition and judicial inspection
- Witnesses
- Photographs, photocopies, fingerprints, and scientific discoveries
- Public fame
- Presumptions
- Other means of producing conviction
Criminal Trials
Evidence is crucial in criminal proceedings. There is no distinction between necessary criminal evidence and scientific proof, as both can be verified. The criminal trial ideally uses verified data to resolve criminal claims. The object of proof can be mediated by facts related to the trial or information.
The evidentiary procedure verifies truth or falsity. Procedural law disallows proofs unrelated to the case or unable to establish disputed facts. Evidence is the tool incorporating the source of knowledge into the process.
Evidential stages of the procedure:
- Offer, notice, or proposal
- Reception or admission
- Preparation
- Practice, relief, purchase, or completion
- Assumption (judge notes the medium)
Confession
A confession is a declaration of knowledge or participation, referring to the facts themselves. In criminal proceedings, the accused’s confession admits to facts presented by the accuser, either totally or partially.
Testimonial
Testimony involves declaring facts perceived through the senses. It’s a statement from a third party relating to events perceived through sight, hearing, touch, smell, and taste, primarily concerning the facts of the process.
Carbo
Carbo can be constitutional or supplementary. Constitutional carbo is a right granted to the defendant to confront witnesses, preventing prejudiced testimony and allowing relevant questions for defense. Probation carbo is a method for discussing conflicting aims to discover the correct version, convincing the judge of the reported data’s possibility. Extra bed carbo or fictitious carbo addresses a declarant against an absent person’s version.
Expertise
Expertise is a report or statement from an expert applying the scientific method to express their view on a specific scientific or artistic issue.
Reconstruction of Facts
This involves reproducing the circumstances of an event, essentially staging a play of the alleged conduct.
Documentary
Documentary evidence can be private or public (birth certificates, deeds, invoices, etc.).
Evidence Promotion and Evacuation
Article 395 of the Civil Code states that admissible evidence is determined by the Civil Code, Civil Procedure Code, and other laws. Parties can also use other means of proof not expressly prohibited and conducive to demonstrating their claims. These resources are promoted and disposed of analogously to similar means of proof covered by the Civil Code, or as indicated by the judge.
Students Study Legal Practice
Legal studies students from the Andrés Eloy Blanco Bolivarian Village visited the Palace of Justice in Nueva Esparta state. This academic activity, led by Dr. Mary Vasquez, provided students with practical experience in legal proceedings and reinforced inter-institutional cooperation between the university and the justice system.
Evidence in the Trade Process
. The confession. The testimonial. The expert. The public and private documentary. Judicial inspection. Public recognition or fame. Of the assumptions. Value of the evidence. Of the disqualification. Evidentiary value of trade books. Jurisprudential approach.