Law of Evidence at Chile
The Law of Evidence in Chile is shaped by its civil law system, which is heavily influenced by French legal traditions and Roman law. Chile’s legal system is governed by various codes, including the Civil Code and the Criminal Procedure Code, as well as the Code of Civil Procedure, which establish the rules for presenting and evaluating evidence in legal proceedings.
Here’s an overview of the Law of Evidence in Chile:
1. Types of Evidence:
Oral Evidence: Testimony given by witnesses is a key form of evidence. Chilean law recognizes the importance of witness testimony, particularly in both civil and criminal cases. Witnesses are examined in court and may be subject to cross-examination.
Documentary Evidence: Documents, such as contracts, official records, and any written material, play an important role in legal proceedings. These documents must be authentic and, in some cases, their validity must be verified.
Real Evidence: This refers to physical objects that may be relevant to the case, such as weapons, clothing, or any material object that can help in proving or disproving a fact.
Expert Evidence: In certain cases, especially those involving technical or specialized knowledge (e.g., medical, financial, or scientific matters), expert witnesses may be called to testify.
Digital Evidence: As in many other jurisdictions, electronic records such as emails, text messages, and social media posts have become increasingly important. They must be properly authenticated before being admitted as evidence in court.
2. Admissibility of Evidence:
Relevance: Evidence must be relevant to the case in question. Any evidence that does not help in establishing the facts of the case is not admissible.
Legality: Evidence must be obtained through legal means. Evidence obtained illegally (e.g., through unlawful searches or violations of privacy) is generally inadmissible.
Hearsay: Generally, hearsay (testifying about a statement made outside of court) is not admissible, except in certain circumstances where exceptions to the hearsay rule exist.
Documentary Evidence: For documents to be admissible, their authenticity must be established. In some cases, a witness may be called to verify the origin of the document.
3. Burden of Proof:
In Criminal Cases: The prosecution carries the burden of proof. It is the responsibility of the prosecution to prove the defendant’s guilt beyond a reasonable doubt.
In Civil Cases: The plaintiff (the party bringing the claim) carries the burden of proof. They must demonstrate that their version of the facts is more likely than not, i.e., on a balance of probabilities.
4. Witness Testimony:
Competency of Witnesses: Witnesses must be able to understand and respond to questions. Chilean law has certain exceptions to witness competency, such as individuals who may be deemed mentally unfit or those with privileges (such as attorney-client privilege).
Examination and Cross-Examination: Witnesses are questioned by the attorneys of both parties. The opposing party has the right to cross-examine a witness to challenge the credibility or accuracy of their testimony.
Witness Protection: In some cases, particularly involving organized crime or sensitive matters, witnesses may receive protection measures if they fear retaliation for their testimony.
5. The Role of the Judge:
Judicial Control: In Chile, judges play an active role in managing the presentation of evidence. They can decide which evidence is admissible and can call witnesses or request additional evidence to ensure that the trial is fair.
Evaluating Evidence: Judges are responsible for evaluating the relevance, weight, and credibility of the evidence presented. The judge’s decision is based on the standard of proof required for the type of case (i.e., beyond a reasonable doubt for criminal cases and on a balance of probabilities for civil cases).
6. Documentary Evidence:
Public Documents: Documents issued by public authorities (e.g., government records or notarial documents) are presumed to be authentic and can be used without additional authentication.
Private Documents: These require authentication, either through the testimony of the person who created the document or by other means of verification, such as a notary’s certification.
7. Expert Evidence:
Expert Witnesses: In complex cases, expert testimony is used to explain technical, medical, or specialized matters. Experts are expected to provide impartial and objective opinions based on their expertise and the facts of the case.
Experts are appointed by the court, and their testimony is given weight based on their qualifications and the strength of their analysis.
8. Legal Presumptions:
Rebuttable Presumptions: Chilean law allows for certain presumptions to be made based on facts. These presumptions can be rebutted if the opposing party presents evidence to the contrary. For instance, if someone is found in possession of stolen goods, it may be presumed they are the thief, but they can challenge this presumption with evidence of innocence.
Irrebuttable Presumptions: In some cases, the law provides for presumptions that cannot be contested.
9. Privilege and Confidentiality:
Attorney-Client Privilege: Communications between a lawyer and their client are protected by legal privilege. This means that such communications cannot be used as evidence without the client’s consent.
Other Privileges: Similar to attorney-client privilege, there are other legal privileges that protect confidential communications in certain relationships, such as doctor-patient or spousal privilege.
10. Judicial Discretion:
Judges in Chile have discretion in determining the admissibility and weight of evidence. They have the authority to exclude evidence that is deemed irrelevant, prejudicial, or obtained unlawfully. This discretion ensures that trials are fair and based on reliable evidence.
11. Public Access to Evidence:
Generally, the proceedings in Chile are open to the public, but the privacy of certain aspects of the case (such as personal or sensitive information) may be protected by the court. For example, cases involving minors or victims of certain crimes may be handled privately to protect their identity.
12. Criminal Procedure and Evidence:
Under the Chilean Criminal Procedure Code, criminal trials are adversarial (the parties argue their case before the judge), and evidence is presented by the defense and the prosecution. The new criminal justice system (which came into effect in 2005) emphasizes oral proceedings and the right to a fair trial.
13. The Role of Technology in Evidence:
In recent years, digital evidence (such as electronic communications, data from computers or mobile devices) has become increasingly important. In Chile, the handling of digital evidence must comply with strict protocols to ensure its authenticity and integrity in court.
Conclusion:
The Law of Evidence in Chile is governed by a combination of civil law principles and constitutional protections. It ensures that trials are fair and based on evidence that is relevant, lawful, and credible. The rules governing evidence are designed to ensure that both criminal and civil trials are conducted in a just manner, with a focus on transparency, fairness, and due process.
RELATED Blog
0 comments