Law of Evidence at Bosnia and Herzegovina
The Law of Evidence in Bosnia and Herzegovina is governed by a combination of domestic laws, primarily stemming from the country's Criminal Procedure Code and Civil Procedure Code. These legal frameworks set forth rules regarding the presentation, admissibility, and evaluation of evidence in both criminal and civil proceedings. Bosnia and Herzegovina's legal system is influenced by a mix of civil law traditions, particularly the legal principles from the former Yugoslavia.
Here are some key aspects of the Law of Evidence in Bosnia and Herzegovina:
1. General Rules of Evidence
Admissibility: In Bosnia and Herzegovina, only evidence that is legally obtained and is relevant to the case is admissible in court. Evidence must be presented in accordance with the procedural rules, and any evidence obtained through illegal means may be excluded.
Types of Evidence: The law provides for different types of evidence, including:
Documents (written or electronic)
Testimony (from witnesses or expert witnesses)
Physical evidence (objects or materials related to the case)
Confessions (in criminal cases)
Expert reports (in both civil and criminal cases)
2. Criminal Procedure
Burden of Proof: In criminal cases, the prosecution has the burden of proving the defendant's guilt. The defendant is presumed innocent until proven guilty.
Types of Evidence in Criminal Cases:
Testimony of witnesses and experts.
Material evidence and documents that help establish facts.
Confessions (though these must be made voluntarily and without coercion).
Role of the Court: The judge plays an active role in gathering and assessing evidence, especially in the context of criminal trials.
Exclusion of Evidence: Evidence obtained in violation of constitutional rights (such as through torture or illegal search and seizure) is generally inadmissible.
3. Civil Procedure
Burden of Proof: In civil cases, the burden of proof typically lies with the party who asserts the claim. The party must present evidence to support the facts it relies upon.
Role of Evidence: Similar to criminal cases, evidence in civil matters can include documents, witness testimonies, and expert opinions, but it is up to the court to determine which evidence is most persuasive.
Standard of Proof: In civil cases, the standard of proof is usually the "preponderance of evidence" or "balance of probabilities" (i.e., the party's version of events is more likely than not to be true).
4. Hearsay and Exceptions
Hearsay: In Bosnia and Herzegovina, hearsay evidence (testimony about what someone else has said) is generally inadmissible in court. However, there are exceptions where hearsay may be allowed, particularly in situations where the original speaker cannot testify due to illness, death, or absence.
5. Witnesses
Witness Testimony: Witnesses can be called to testify about facts they directly observed or have knowledge of. They are under oath and must tell the truth.
Expert Witnesses: In complex cases, especially in technical matters, expert witnesses may be called to give their professional opinion on specific issues. Expert opinions are subject to judicial scrutiny.
6. Documentary Evidence
Admissibility: Documents are a key part of evidence in both civil and criminal cases. Original documents hold more weight than copies, but copies may be admissible if they are authenticated and verified as true copies.
Electronic Evidence: Bosnia and Herzegovina also accepts electronic evidence, including emails, digital recordings, and other online materials, provided they are authenticated and legally obtained.
7. Constitutional Protections and Human Rights
The Constitution of Bosnia and Herzegovina, along with international human rights treaties to which Bosnia and Herzegovina is a signatory (such as the European Convention on Human Rights), protects individuals' rights during the legal process, including their right to a fair trial and the right to be free from torture or inhuman treatment.
Evidence obtained through violation of these rights is inadmissible in the court.
8. Appeals and Evidence
When a case is appealed, new evidence is generally not admitted unless it is shown that this evidence was unavailable during the original trial due to some valid reason.
9. International Influence
Bosnia and Herzegovina’s legal system has been influenced by European Union standards, particularly as it aims to align with EU law. As part of its EU integration process, the country has made efforts to modernize its legal framework, including improving the rules on evidence in order to ensure fair trials.
Conclusion
In Bosnia and Herzegovina, the law of evidence is structured to ensure fairness and justice in both criminal and civil procedures, influenced by European legal standards. The country's legal system is designed to protect individuals' rights while maintaining an effective judicial process that seeks to arrive at truth through reliable, admissible evidence.
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