Law of Evidence at Iceland
In Iceland, the Law of Evidence is governed by the Icelandic Code of Civil Procedure (CPC) and the Icelandic Code of Criminal Procedure (CCP). These codes establish the rules for how evidence is to be presented, evaluated, and admitted in civil and criminal cases in Icelandic courts.
Key Principles of Evidence Law in Iceland:
Burden of Proof:
In civil cases, the burden of proof generally lies with the party making the claim. The claimant must prove the facts upon which their legal claim is based.
In criminal cases, the prosecution bears the burden of proving the defendant's guilt beyond a reasonable doubt. The presumption of innocence is a fundamental principle.
Types of Evidence:
Witness Testimony: Oral or written statements by witnesses.
Documents: Written evidence, including contracts, emails, correspondence, and official records.
Material Evidence: Physical objects related to the case.
Expert Evidence: Testimony from experts on specialized topics such as medical conditions, technical matters, or financial issues.
Confessions: Statements made by the defendant, although these must be voluntary and not coerced.
Admissibility of Evidence:
Evidence must be relevant to the case and lawfully obtained.
Illegally obtained evidence, such as evidence obtained through torture, coercion, or violation of rights, may be excluded from the trial.
Courts in Iceland have the discretion to assess the weight and credibility of evidence, but they must ensure that the proceedings are fair and just.
Rules of Evidence in Criminal Law:
In criminal proceedings, the principle of in dubio pro reo (in case of doubt, in favor of the defendant) applies. This means that if the evidence is inconclusive, the defendant must be acquitted.
The right to silence and the right not to self-incriminate are fundamental rights, and the prosecution cannot compel the defendant to testify against themselves.
Cross-Examination:
In Icelandic courts, both in civil and criminal cases, parties have the opportunity to cross-examine witnesses to test their credibility and the reliability of their testimony.
In criminal cases, the defendant has the right to challenge the prosecution’s evidence and to cross-examine the prosecution's witnesses.
Presentation of Evidence:
Evidence is typically presented orally during court hearings, and both parties can request the court to call specific witnesses or experts.
Written evidence must be submitted to the court prior to the hearing, though some types of evidence may be presented at the trial itself.
Electronic Evidence:
Icelandic law has adapted to the use of electronic evidence, such as emails, digital documents, and information from social media. Electronic evidence is considered admissible, but it must be authenticated and relevant to the case.
Witnesses:
Witnesses are required to testify under oath and are expected to provide truthful and accurate information. In some cases, a witness may be allowed to provide testimony in writing if they are unable to attend the hearing in person.
Expert witnesses may be called to provide specialized knowledge and opinions that are beyond the common understanding of the court.
Hearsay Evidence:
Hearsay evidence (statements made outside of court that are being used to prove the truth of the matter asserted) is generally not admissible in Icelandic courts, but exceptions may apply. For example, certain statements made by the defendant or admissions of guilt may be allowed.
Documentary Evidence:
Documents that are relevant to the case must be presented in their original form or as certified copies. In some cases, documents may be submitted electronically, but the court will require verification of their authenticity.
Special Rules for Family Law:
In family law cases (e.g., divorce, child custody), special considerations are made regarding the privacy and protection of children and vulnerable parties. The court may take a more flexible approach to evidence, especially in situations involving domestic violence or abuse.
Appeal and Review:
New evidence can sometimes be presented in appeals, but the court generally expects that all evidence is presented at the trial stage. Appeals in Iceland focus on legal errors or procedural mistakes, rather than a re-evaluation of evidence.
Summary of Key Aspects:
Burden of proof rests on the party making a claim (civil cases) or on the prosecution (criminal cases).
Evidence must be relevant and lawfully obtained, with the courts having the discretion to weigh evidence.
The right to silence, cross-examination, and presumption of innocence are important rights in criminal cases.
Electronic evidence is admissible, but it must be authenticated.
Witnesses must testify truthfully, and expert witnesses can provide specialized knowledge.
Hearsay is generally not admissible, except in certain circumstances.
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