Law of Evidence at Luxembourg
In Luxembourg, the law of evidence is governed by the New Code of Civil Procedure (Nouveau Code de procédure civile - NCPC) and the Code of Criminal Procedure (Code de procédure pénale). These codes establish the rules for presenting and evaluating evidence in civil and criminal proceedings, respectively. (New provisions regarding civil and commercial proceedings - Guichet.lu - Luxembourg)
Civil Law Evidence
Burden of Proof
Under Article 58 of the NCPC, each party is responsible for proving the facts necessary to support their claim or defense. This principle aligns with the adversarial nature of the legal system, where parties must present their own evidence. (Machine Translation of "New Civil Procedure Code" (Luxembourg))
Types of Evidence
The NCPC recognizes several forms of evidence:
Written Evidence: Documents such as contracts or correspondence. (New provisions regarding civil and commercial proceedings - Guichet.lu - Luxembourg)
Testimonial Evidence: Statements from witnesses.
Expert Evidence: Opinions from qualified professionals on specialized matters.
Presumptions: Logical inferences drawn from established facts.
Confessions and Declarations Under Oath: Admissions made by parties involved. (Bill Amending The Luxembourg Code Of Civil Procedure Adopted - Arbitration & Dispute Resolution - Litigation, Mediation & Arbitration - Luxembourg)
Admissibility of Evidence
Certain documents, particularly those exceeding €2,500 in value, require written form to be admissible. Testimonial evidence is generally not admissible to contradict or supplement written documents unless the document is contested. Public documents (e.g., notarial acts) carry strong evidential weight unless proven false . (Litigation & Dispute Resolution Laws and Regulations Report 2025 Luxembourg, Taking of evidence | European e-Justice Portal)
Witnesses and Expert Witnesses
Witnesses may provide oral or written statements. Witness statements must be handwritten and include specific mandatory details as stipulated by the NCPC . Expert witnesses can be appointed by the court or instructed by the parties. Court-appointed experts owe their duties to the court and must maintain impartiality . (Litigation & Dispute Resolution Laws and Regulations Report 2025 Luxembourg)
Pre-Trial Evidence Gathering
Luxembourg law does not provide for a general discovery procedure. However, parties may request pre-trial investigative measures, such as the appointment of an expert or an injunction to produce a document, if they can demonstrate a legitimate cause . (Litigation 2023 - Luxembourg | Global Practice Guides | Chambers and Partners)
Criminal Law Evidence
Burden of Proof
In criminal proceedings, the prosecution bears the burden of proving the defendant's guilt beyond a reasonable doubt. The defendant is presumed innocent until proven guilty.
Types of Evidence
Similar to civil law, criminal evidence includes physical evidence, witness testimony, expert opinions, and confessions. However, the admissibility and weight of evidence are subject to stricter scrutiny due to the potential consequences for the defendant.
Witnesses and Expert Witnesses
Witnesses in criminal cases are required to take an oath to tell the truth. Expert witnesses can be appointed by the court or requested by the parties. The court ensures that experts remain impartial and adhere to legal standards .
Procedural Safeguards
Recent reforms have strengthened procedural safeguards in criminal proceedings. Notably, the Act of 8 March 2017 reinforced the rights of accused persons, victims, and civil parties, including the right to legal assistance from the outset of proceedings and the right to an interpreter if necessary . (Strengthened procedural safeguards in criminal proceedings)
Recent Reforms
In 2021, Luxembourg adopted significant amendments to the NCPC aimed at improving the efficiency and speed of civil and commercial proceedings. Notable changes include: (Bill Amending the Luxembourg Code of Civil Procedure Adopted)
Increased Jurisdictional Limit: The jurisdictional limit of the magistrate's court was raised from €10,000 to €15,000, allowing more cases to be handled without mandatory legal representation. (New provisions regarding civil and commercial proceedings - Guichet.lu - Luxembourg)
Simplified Procedures: A simplified procedure was introduced for less complex cases involving no more than two parties and a dispute value not exceeding €100,000. (Bill Amending the Luxembourg Code of Civil Procedure Adopted)
Mandatory Summary Submissions: Lawyers are now required to prepare summary submissions before the end of the pre-trial phase, streamlining the judicial process . (Bill Amending The Luxembourg Code Of Civil Procedure Adopted - Arbitration & Dispute Resolution - Litigation, Mediation & Arbitration - Luxembourg)
Conclusion
Luxembourg's legal system emphasizes the adversarial principle, where each party is responsible for presenting their own evidence. While the system provides various means of proof, it also imposes certain formalities and restrictions to ensure fairness and efficiency. Recent reforms reflect Luxembourg's commitment to modernizing its judicial processes and enhancing procedural safeguards for all parties involved.
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