Law of Evidence at Lithuania
In Lithuania, the law of evidence is governed by distinct legal frameworks for civil and criminal proceedings, primarily the Code of Civil Procedure and the Code of Criminal Procedure, respectively. These codes establish the rules for the admissibility, evaluation, and presentation of evidence in Lithuanian courts.
⚖️ Civil Proceedings – Code of Civil Procedure
1. Admissibility of Evidence
According to Article 20 of the Code of Civil Procedure, evidence in civil proceedings must be obtained in a manner prescribed by law. Only such material that proves or disproves at least one circumstance relevant for a fair disposition of the case may be regarded as evidence. ([PDF] Criminal Code Article 227 - United Nations Office on Drugs and Crime)
2. Burden of Proof
Under Article 13 of the Code of Civil Procedure, the burden of proof lies with the parties in a case. They must prove the facts underlying their claims and replications except in cases where they do not have to be proved. (Lithuania - European e-Justice Portal - Taking of evidence)
3. Types of Evidence
The Code of Civil Procedure allows various types of evidence, including:
Documents: Written records, contracts, and other formal documents.
Witness Testimony: Oral statements made by witnesses during court hearings.
Expert Opinions: Testimonies provided by court-appointed experts.
Party Testimony: Statements made by the parties involved in the litigation.
Judicial Inspection: Examination of places or items relevant to the case. (Lithuania - Central Authority (Art. 2) and practical information - HCCH, Lithuania - European e-Justice Portal - Taking of evidence)
4. Presentation of Evidence
Parties must submit evidence in a timely manner and according to the procedure prescribed by the Code of Civil Procedure. Failure to do so may result in the evidence being inadmissible. (Evidence)
⚖️ Criminal Proceedings – Code of Criminal Procedure
1. Admissibility of Evidence
Article 20 of the Code of Criminal Procedure stipulates that evidence in criminal proceedings shall include material obtained in the manner prescribed by law. Only such material which proves or disproves at least one circumstance relevant for a fair disposition of the case may be regarded as evidence. ([PDF] Criminal Code Article 227 - United Nations Office on Drugs and Crime)
2. Burden of Proof
In criminal proceedings, the prosecutor is obliged to prove that a criminal act has been committed, and that the person who has committed it is guilty. The suspect/accused is not obliged to provide evidence and prove that the criminal act has not been committed and that they are not guilty of its commission but have the right to do so in the exercise of their right to defence. (Presumption of Innocence: procedural rights in criminal proceedings)
3. Types of Evidence
The Code of Criminal Procedure allows various types of evidence, including:
Documents: Written records, contracts, and other formal documents.
Witness Testimony: Oral statements made by witnesses during court hearings.
Expert Opinions: Testimonies provided by court-appointed experts.
Physical Evidence: Tangible objects relevant for the investigation of a criminal act and the trial. ([PDF] prosecutor general of the republic of lithuania - https: //rm. coe. int, [PDF] Code of Criminal Procedure of the Republic of Lithuania)
4. Protection of Rights
The Code of Criminal Procedure ensures the protection of the rights of the accused, including the right to a fair trial, the right to remain silent, and the right to legal representation. (Presumption of Innocence: procedural rights in criminal proceedings)
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