Law of Evidence at Latvia
In Latvia, the Law of Evidence is governed by distinct legal frameworks for criminal and civil proceedings, each with specific rules regarding the admissibility, evaluation, and presentation of evidence.
⚖️ Criminal Procedure Law
The Criminal Procedure Law (Kriminālprocesa likums) outlines the rules for evidence in criminal cases. Key provisions include: (Right to silence)
Admissibility of Evidence: Evidence obtained through torture, threats, blackmail, fraud, or duress is inadmissible.
Reliability of Evidence: The reliability of evidence is assessed based on the totality of facts and their interrelation.
Right to Silence: Individuals have the right to remain silent, and refusal to testify cannot be used against them. (Right to silence)
🏛️ Civil Procedure Law
The Civil Procedure Law (Civilprocesa likums) governs evidence in civil cases. Notable aspects include: (Civilprocesa likums)
Burden of Proof: Each party must prove the facts upon which their claims or objections are based. (Civilprocesa likums)
Types of Evidence: Includes written documents, witness statements, expert opinions, and material evidence. (Evidence)
Submission of Evidence: Evidence must be submitted in a timely manner, typically no later than 14 days before a court hearing. (Civilprocesa likums)
Admissibility of Evidence: The court only accepts evidence that is legally obtained and relevant to the case. (Evidence)
⚖️ General Principles
Relevance: Evidence must be pertinent to the issues being decided in the case.
Lawful Acquisition: Evidence obtained unlawfully may still be considered, but its impact on the fairness of the trial is assessed. (Evidence)
Witnesses: Parties can request the court to summon witnesses, but the court has discretion in deciding which witnesses to call. (Evidence)
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