Law of Evidence at French Polynesia (France)
French Polynesia, like French Guiana, is an overseas territory of France, meaning that French law applies there as well, including the Law of Evidence.
Law of Evidence in French Polynesia (France)
Since French Polynesia is a French overseas collectivity, it follows the same legal system as mainland France. The Law of Evidence is governed by the French Civil Code (for civil matters) and the French Code of Criminal Procedure (for criminal matters), just as in mainland France and other French overseas regions.
1. Civil Matters
Under the French Civil Code, the rules are consistent across France and its territories, including French Polynesia:
Article 1353: The party making a claim must prove the facts upon which their claim is based.
Written Evidence (Preuve Littérale): Written evidence is required for legal acts above a certain value (typically €1,500) unless otherwise allowed by the law.
Presumption (Présomption): Some facts are presumed by law, which affects the burden of proof.
Testimony and Oral Evidence: These are limited in civil matters, and only under certain conditions (e.g., a written proof exists or it's impossible to obtain written evidence).
2. Criminal Matters
The French Code of Criminal Procedure applies in French Polynesia as it does in mainland France:
Principle of Free Evaluation of Evidence: In criminal cases, the judge has the discretion to evaluate the evidence based on its credibility, except where the law specifically requires certain formal proofs.
Presumption of Innocence: Enshrined in Article 9 of the Declaration of the Rights of Man and of the Citizen, this principle ensures that a person is presumed innocent until proven guilty.
Types of Admissible Evidence: These include witness testimony, expert reports, physical evidence, and confessions, as long as they are gathered in accordance with the law.
Illegally Obtained Evidence: Evidence that violates constitutional rights or procedures (e.g., evidence obtained through torture or unlawful searches) can be excluded from the case.
3. Differences in Local Practice
Though the laws are uniform, in practice, local courts may have specific customs or procedures. For example:
In French Polynesia, where traditional Polynesian culture has strong influence, there may be an emphasis on oral traditions in dispute resolution, especially in non-formal settings. However, these traditional practices don’t usually affect the official legal framework of evidence, which remains based on French law.
Conclusion:
The Law of Evidence in French Polynesia aligns with French law. This means the same basic principles and rules govern the admissibility of evidence, burden of proof, and evaluation of evidence as they do in mainland France, including a strict adherence to written evidence in civil cases and judicial discretion in criminal cases.
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