Law of Evidence at Madagascar
Madagascar's law of evidence is primarily governed by its Code of Criminal Procedure, which outlines the rules and procedures for the admissibility and evaluation of evidence in criminal cases. The legal framework emphasizes the rights of individuals and the responsibilities of judicial authorities to ensure fair trials.
Key Provisions of the Code of Criminal Procedure
Admissibility of Evidence: Article 7 of the Constitution guarantees the right to a fair hearing, which includes the presumption of innocence until proven guilty by a competent court. This principle underpins the evaluation of evidence in criminal proceedings.
Types of Evidence: Articles 374 to 394 of the Code enumerate various forms of evidence that may be presented in court, including:
Confessions
Witness testimonies
Official records and reports
Forensic reports
Expert testimonies under oath
Witness Testimony: Witnesses are required to testify truthfully and are subject to penalties for perjury. Specific procedures are followed to ensure the integrity of witness statements, including the recording of testimonies and the possibility of taking sworn statements in writing if a witness cannot appear in person.
Presumption of Innocence: As per Article 7 of the Constitution, all individuals are presumed innocent until proven guilty by a final judgment from a criminal court. This constitutional right is fundamental in ensuring that evidence is evaluated impartially and that the burden of proof lies with the prosecution.
Judicial Oversight and Institutional Framework
Judicial Independence: The Constitution guarantees the independence of the judiciary, ensuring that magistrates and judges can perform their duties without undue influence. (Madagascar: Constitution | Refworld)
Superior Council of the Magistrature: This body oversees the careers of magistrates, ensuring adherence to ethical standards and the proper application of the law. (Madagascar 2010 Constitution - Constitute)
International Cooperation
Madagascar is a party to various international agreements that influence its law of evidence, including conventions related to mutual legal assistance and the exchange of evidence across borders. These agreements facilitate cooperation with other nations in criminal matters, ensuring that evidence obtained in one jurisdiction can be used in another, subject to the provisions of the relevant treaties.
For more detailed information, you may refer to the full text of the Code of Criminal Procedure and the Constitution of Madagascar, which are available through official Malagasy legal resources.
RELATED Blog
0 comments