Law of Evidence at Panama
In Panama, the Law of Evidence is governed by the Código Procesal Civil (Civil Procedure Code) and the Código Penal (Criminal Code), which regulate the rules and procedures for handling evidence in civil and criminal matters, respectively. These codes provide a framework for presenting, admitting, and evaluating evidence in court. Key Aspects of the Law of Evidence in Panama:Legal Framework: Civil Procedure Code (Código Procesal Civil): Governs the rules of evidence in civil cases. Criminal Code (Código Penal): Governs evidence in criminal matters, including the collection and handling of evidence in criminal investigations. Types of Evidence: Testimonial Evidence: Includes oral statements made by witnesses under oath. Witnesses must be present in court to testify, and their credibility can be challenged through cross-examination. Documentary Evidence: Written documents, including contracts, correspondence, and official records. These must be properly authenticated before being admitted into evidence. Real Evidence: Physical objects presented in court that directly relate to the case, such as weapons, clothing, or other objects. Electronic Evidence: Increasingly important in modern legal proceedings, including emails, digital records, and data from electronic devices. These must be preserved and verified for authenticity. Relevance and Admissibility: Evidence must be relevant to the issues in the case. If it is deemed irrelevant, it will be excluded from consideration. The probative value of evidence is key, meaning that the evidence must have the potential to prove or disprove facts in the case. Documentary evidence must meet the criteria for authenticity, and there are strict rules about the use of original documents versus copies. Hearsay Rule: Hearsay (out-of-court statements) is generally inadmissible unless it falls within a recognized exception. Exceptions to the hearsay rule may include situations involving confessions or statements made in the course of business. Burden of Proof: In civil cases, the plaintiff generally has the burden of proof. They must present sufficient evidence to persuade the court of the validity of their claim. In criminal cases, the prosecution carries the burden of proving the defendant's guilt beyond a reasonable doubt. In criminal defense, the defense does not have to prove the defendant's innocence but can present evidence to challenge the prosecution’s case. Witness Testimony: Witnesses must testify in person, and their statements are subject to cross-examination. In some cases, written statements may be accepted, but they are subject to scrutiny for authenticity. Expert testimony is allowed in cases where specialized knowledge is required to understand technical or scientific issues. Privileges: Attorney-client privilege and spousal privilege are recognized in Panama, protecting certain confidential communications. Medical and other professional privileges may apply in specific circumstances. Judicial Notice: Panama’s courts may take judicial notice of certain facts that are well-known or universally accepted, thus eliminating the need for formal proof. Confessions and Admissions: Confessions made voluntarily by the defendant are admissible in criminal cases, but they must not be coerced or extracted under duress. Admissions made by a party during the course of proceedings are also admissible. Recent Trends:The use of electronic evidence has become increasingly important in Panama, particularly with the rise in digital communication and data storage. The judicial system has made efforts to streamline the handling of evidence, with reforms to improve efficiency and transparency in legal proceedings.
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