Law of Evidence at Mali
Mali's legal system is a blend of civil law traditions and customary law, influenced by its colonial history under France and the diverse ethnic communities within the country. The formal legal framework is primarily governed by the Constitution of the Republic of Mali, the Penal Code, and the Code of Criminal Procedure, which collectively outline the rules for the admissibility, evaluation, and presentation of evidence in judicial proceedings.
📜 Legal Framework
1. Constitution of the Republic of Mali
The Constitution, adopted in 1992, enshrines fundamental rights and freedoms, including:
Presumption of Innocence: Article 9 guarantees that every accused person is presumed innocent until proven guilty. (Constitution of the Republic of Mali, Mali, WIPO Lex)
Right to Defense: Article 9 also ensures the right to legal assistance from the outset of interrogation. (Constitution of the Republic of Mali, Mali, WIPO Lex)
Protection from Unlawful Detention: Article 10 stipulates that no one shall be detained for more than 48 hours without a judicial order. (Mali 1992 Constitution - Constitute)
2. Penal Code and Code of Criminal Procedure
These codes govern criminal proceedings, detailing the procedures for the collection, presentation, and evaluation of evidence. They establish the roles of judges, prosecutors, and defense attorneys in ensuring a fair trial.
⚖️ Evidence in Judicial Proceedings
1. Types of Evidence
Oral Evidence: Testimonies provided by witnesses during court proceedings.
Documentary Evidence: Written documents presented to support claims or defenses.
Material Evidence: Physical objects that are relevant to the case.
Expert Evidence: Opinions provided by individuals with specialized knowledge pertinent to the case.
2. Admissibility of Evidence
The admissibility of evidence is determined based on its relevance, legality, and the manner in which it was obtained. Evidence obtained through unlawful means may be excluded.
3. Role of Judges and Legal Professionals
Judges are responsible for evaluating the evidence presented, ensuring that it complies with legal standards, and making determinations based on the facts and the law. Legal professionals, including prosecutors and defense attorneys, play crucial roles in presenting and challenging evidence.
🏛️ Judicial System and Capacity Building
Mali's judicial system comprises various courts, including the Supreme Court, Constitutional Court, Courts of Appeal, and specialized courts such as commercial and administrative courts. Efforts have been made to strengthen the capacity of the judicial system through training programs and reforms. (Mali | Addleshaw Goddard LLP, Strengthening the Capacity of the Judicial System and Promoting the Rule of Law in Mali | UNITAR)
For instance, the UNITAR-INFJ project aimed to enhance the skills of legal professionals in areas such as criminal procedure, ethics, and digitalization of the judicial system. Over 1,600 individuals benefited from these training sessions. (Strengthening the Capacity of the Judicial System and Promoting the Rule of Law in Mali | UNITAR)
🧭 Customary Justice Systems
In addition to the formal legal system, Mali has customary justice systems, particularly in rural areas. These systems are based on traditional norms and practices and operate alongside formal courts. While they play a significant role in local dispute resolution, there are ongoing efforts to harmonize these systems with the formal judiciary to ensure consistency and fairness. (Under the microscope: Customary justice systems in northern Mali)
📚 Accessing Legal Texts
For detailed information on Mali's legal framework, you can access the full text of the Constitution and other legal documents through the WIPO Lex database: (Constitution of the Republic of Mali, Mali, WIPO Lex)
👉 Constitution of the Republic of Mali
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