Law of Evidence at Estonia
In Estonia, the Law of Evidence is primarily governed by the Code of Civil Procedure (Tsiviilkohtumenetluse seadustik) and the Code of Criminal Procedure (Kriminaalmenetluse seadustik), depending on the legal context—civil or criminal.
1. Civil Proceedings
In civil cases, the Code of Civil Procedure outlines rules related to:
Burden of proof: Lies with the party making a claim.
Types of evidence: Includes witness testimony, written documents, expert opinions, and physical evidence.
Electronic evidence: Recognized and admissible.
Standard of proof: Preponderance of evidence (i.e., more likely than not).
Court's discretion: Judges may freely evaluate the evidence without being bound by formal rules.
2. Criminal Proceedings
In criminal matters, the Code of Criminal Procedure provides that:
Presumption of innocence: Central to criminal law; the burden of proof lies with the prosecution.
Standard of proof: Beyond a reasonable doubt.
Admissible evidence: Includes testimonies, forensic reports, expert analysis, documents, and surveillance recordings.
Illegally obtained evidence: Generally inadmissible unless exceptions apply (e.g., if it is the only way to protect significant legal interests).
Witness protection: Especially in sensitive or organized crime cases, Estonia allows for anonymous witness testimony under strict judicial control.
3. General Principles
Equality of arms: Both parties must have an equal opportunity to present and challenge evidence.
Transparency: Trials are generally public unless privacy or state security requires otherwise.
Judicial independence: Judges are independent in assessing evidence.
RELATED Blog
0 comments