Law of Evidence at Niger
Mauritania's legal system is based on civil law traditions, influenced by French legal principles. The law of evidence in Mauritania is primarily governed by the Criminal Procedure Code and the Civil Procedure Code.
⚖️ Legal Framework for Evidence
1. Criminal Procedure Code
The Criminal Procedure Code in Mauritania outlines the procedures for criminal investigations and trials, including the handling and admissibility of evidence. Key provisions include:
Article 85: Defines exhibits as objects that may serve to discover the crime, establish actual circumstances of the case, or discover the offender.
Article 86: Outlines the procedures for the storage and handling of exhibits.
Article 89: Specifies that documents containing significant information for the criminal case are considered evidence.
Article 90: States that records of investigation and court proceedings are considered evidence if they meet the requirements of the Code.
Article 91: Details the collection, testing, and evaluation of evidence, emphasizing the importance of establishing facts of significance for a just case resolution.
These provisions ensure that evidence in criminal cases is handled systematically and with due regard to legal standards.
2. Civil Procedure Code
The Civil Procedure Code governs civil litigation and the presentation of evidence in civil matters. Key aspects include:
Article 94: Addresses the procedures for conducting expert examinations, including the use of multiple experts for complex cases.
Article 94-1: Introduces the concept of complex expert examinations, where multiple experts from different fields collaborate to resolve complex issues.
These provisions ensure that evidence in civil cases is thoroughly examined and evaluated by qualified experts.
🧾 Types of Evidence
1. Oral and Written Testimony
Evidence in Mauritania can be presented orally (viva voce) or in writing (affidavits). Section 161 of the Courts Act defines "evidence" to include testimony upon oath or solemn affirmation given viva voce or by affidavit in writing, as well as unsworn personal answers of parties to trials.
2. Documentary Evidence
Documents are admissible as evidence if they are relevant and authentic. Section 181 of the Courts Act allows for the admissibility of copies of documents, provided they are authenticated in a manner deemed fit by the court.
3. Real Evidence
Physical objects presented in court must be relevant, material, and authentic. The process of establishing these prerequisites is known as "laying a foundation," which involves calling witnesses to establish the item's chain of custody.
🧑⚖️ Rules of Admissibility
Mauritanian courts generally adhere to the principle that only relevant and admissible evidence should be considered. However, there are exceptions and nuances:
Hearsay Rule: The common law rule against hearsay is not absolute. For instance, sound recordings of admissions by an accused person are admissible, even if they would typically be considered hearsay.
Public Policy Exclusions: Certain types of evidence are excluded on grounds of public policy, such as cabinet minutes or matters related to national security.
Improperly Obtained Evidence: Evidence obtained through illegal means may be excluded if its admission would result in an unfair trial.
🧑⚖️ Role of Witnesses and Expert Testimony
Competency of Witnesses: In criminal cases, every person charged with an offence, and their spouse, is a competent witness for the defence at every stage of the proceedings. However, a person charged cannot be called as a witness except upon their own application.
Expert Testimony: Each party may call its own expert witnesses, and the court does not typically seek expert testimony on its own initiative. Parties may agree to file joint expert reports.
🧾 Presumptions and Burden of Proof
Burden of Proof: In criminal cases, the prosecution bears the burden of proving the accused's guilt beyond a reasonable doubt. In civil cases, the plaintiff must prove their case on a balance of probabilities.
Presumptions: The law recognizes both rebuttable and irrebuttable presumptions. For example, a presumption of paternity arises when a child is born to a married woman, and this presumption is generally irrebuttable.
RELATED Blog
0 comments