Law of Evidence at Paraguay
In Paraguay, the Law of Evidence primarily falls under the Código Procesal Civil (Civil Procedure Code) and Código Procesal Penal (Criminal Procedure Code). Here’s an overview of how evidence is generally treated in Paraguayan law:
1. Sources of Evidence Law
Código Procesal Civil (for civil cases)
Código Procesal Penal (for criminal cases)
Constitution of Paraguay (guarantees due process and fair trial)
2. Key Principles
Free Evaluation of Evidence: Judges are not bound by strict rules on how to weigh evidence but must justify their decisions logically and legally.
Due Process: Both parties have the right to present and challenge evidence.
Presumption of Innocence (in criminal law): The burden of proof lies with the prosecution.
Legality of Evidence: Illegally obtained evidence may be inadmissible (especially in criminal cases).
3. Types of Evidence
Documentary Evidence: Written documents, contracts, emails, etc.
Witness Testimony: Oral statements by individuals under oath.
Expert Evidence: Technical or scientific opinions provided by qualified experts.
Physical/Tangible Evidence: Objects, forensic material, etc.
Electronic Evidence: Admissible with proper authentication.
4. Criminal vs. Civil Evidence
In criminal cases, evidence rules are stricter to protect the rights of the accused.
In civil cases, the judge has broader discretion in admitting and evaluating evidence.
5. Recent Developments
Paraguay has modernized its evidence and procedural rules over the past two decades, especially to align with international human rights standards and regional legal trends.
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