Law of Evidence at Guinea-Bissau

In Guinea-Bissau, the Law of Evidence is influenced by the civil law system, which follows principles derived from Portuguese law, as the country was once a Portuguese colony. The Code of Civil Procedure and the Code of Criminal Procedure are the main legal texts that govern evidence in Guinea-Bissau. Like many other former Portuguese colonies, Guinea-Bissau has a system where judges play an active role in the administration and evaluation of evidence, particularly in criminal matters.

Here are the key features of the Law of Evidence in Guinea-Bissau:

📘 Key Principles of Guinea-Bissau Law of Evidence

Inquisitorial System

Guinea-Bissau operates under an inquisitorial system, similar to other civil law countries. In this system, the judge plays an active role in the investigation of the facts. Judges can gather evidence, direct investigations, and question witnesses, especially in criminal cases.

This differs from adversarial systems like those in common law countries (e.g., the U.S. and the UK), where the prosecution and defense control the presentation of evidence.

Admissibility of Evidence

Evidence must be relevant and lawfully obtained in Guinea-Bissau. There are no strict rules like the hearsay rule found in common law systems, but evidence must still meet standards of fairness and relevance.

Illegally obtained evidence, such as through coercion or unlawful searches, can be excluded from consideration in court.

Types of Evidence

Witness Testimony: Witnesses play an important role in both civil and criminal cases. Testimonies are generally heard under oath, and they are subject to cross-examination.

Documents: Documents such as contracts, letters, and official records are used to establish facts, especially in civil cases.

Expert Testimony: Experts, such as doctors or forensic specialists, provide opinions that help the court understand technical or specialized matters. Expert opinions are especially important in criminal cases, particularly those involving medical or forensic evidence.

Physical Evidence: Physical objects, such as weapons, stolen property, or other tangible items, are often used in criminal trials to support claims or allegations.

Electronic Evidence: As in many countries, electronic evidence such as emails, digital files, or phone records can be presented, though it must be properly authenticated.

Free Evaluation of Evidence

Like many civil law jurisdictions, judges in Guinea-Bissau have discretion in evaluating evidence. They are not bound by strict rules regarding the weight of evidence and can assess it based on their own judgment, focusing on the relevance and reliability of the evidence presented.

Witnesses and Oaths

Witnesses are required to take an oath before testifying in court. Failure to take an oath can affect the credibility of their testimony.

Right to Silence: In criminal trials, the defendant has the right to remain silent and cannot be forced to testify. This protection against self-incrimination is a key principle in the criminal justice system.

Burden of Proof

In criminal cases, the prosecution bears the burden of proving the defendant's guilt beyond a reasonable doubt.

In civil cases, the burden of proof generally lies with the party bringing the claim. The standard of proof is typically preponderance of the evidence, meaning the claim is more likely to be true than false.

Exclusionary Rules

Although there are no strict exclusionary rules like in common law jurisdictions (e.g., rules about hearsay), evidence must still be relevant and obtained through proper legal channels. Evidence obtained illegally or unconstitutionally can be excluded from trial.

Public vs. Private Nature of Evidence

Criminal cases are generally conducted publicly, meaning that the evidence presented in the case is accessible to the public, although certain exceptions might be made to protect the privacy of witnesses or parties involved.

Civil cases tend to be more private, though evidence presented is still public unless a confidentiality order is made.

📜 Key Legal Texts

CĂłdigo de Processo Civil (Code of Civil Procedure): Governs civil procedure and evidence in civil cases.

CĂłdigo de Processo Penal (Code of Criminal Procedure): Governs the handling of evidence and procedures in criminal cases.

📍 Notable Features Compared to Other Systems

Role of Judges: The active role of judges in gathering and evaluating evidence is a characteristic of the inquisitorial system that Guinea-Bissau follows, which contrasts with adversarial systems (like those in the U.S. and UK).

Flexibility in Evaluating Evidence: Judges in Guinea-Bissau have wide discretion to evaluate evidence, and the rules for excluding evidence are less strict than those found in common law systems.

Importance of Witnesses: Testimonies from witnesses are a cornerstone of evidence in both civil and criminal matters.

 

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