Law of Evidence at French Guiana (France)
French Guiana is an overseas department and region of France, meaning that French law applies fully, including the Law of Evidence.
Law of Evidence in French Guiana (France)
Since French Guiana is legally part of France, the Law of Evidence (Droit de la preuve) is governed by the French Civil Code (for civil matters) and the French Code of Criminal Procedure (for criminal matters).
1. Civil Matters
Under the French Civil Code, key rules include:
Article 1353: The party who claims a right must prove the existence of the fact necessary to support it.
Written Evidence (Preuve Littérale): For legal acts over a certain value (generally €1,500), written evidence is required unless otherwise allowed.
Presumption (Présomption): Certain facts are presumed by law, shifting the burden of proof.
Testimony and Oral Evidence: Limited in civil matters unless there's a beginning of proof in writing (commencement de preuve par écrit) or it's impossible to obtain written proof.
2. Criminal Matters
Under the Code de procédure pénale (Code of Criminal Procedure):
Principle of Free Evaluation of Evidence: Judges can assess the value of evidence freely, except where the law specifies formal proof requirements.
Presumption of Innocence: Guaranteed under Article 9 of the Declaration of the Rights of Man and of the Citizen.
Types of Admissible Evidence: Includes witness statements, expert reports, confessions, physical evidence, and more.
Illegally Obtained Evidence: May be excluded if it violates human rights or due process.
Summary: In French Guiana, the Law of Evidence is identical to that of mainland France, relying heavily on written documents in civil cases and allowing broader discretion in criminal cases.
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