Law of Evidence at São Tomé and Príncipe
In São Tomé and Príncipe, the Law of Evidence is governed by principles derived from Portuguese law, as São Tomé and Príncipe was a former Portuguese colony. The legal system is based on the Portuguese Civil Law tradition, and thus, the rules of evidence largely follow the structure found in the Portuguese Code of Civil Procedure (Código de Processo Civil) and the Portuguese Code of Criminal Procedure (Código de Processo Penal).
Here’s a general overview of the Law of Evidence in São Tomé and Príncipe:
1. Types of Legal Proceedings:
Civil proceedings – Governed by the Code of Civil Procedure.
Criminal proceedings – Governed by the Code of Criminal Procedure.
Administrative and other proceedings – Governed by specific laws and regulations.
2. Types of Evidence:
Similar to Portuguese law, the Law of Evidence in São Tomé and Príncipe recognizes several types of evidence that may be used in both civil and criminal cases:
Documentary evidence – Written documents, such as contracts, emails, or official records.
Witness testimony – Oral statements from people who have relevant information about the case.
Expert testimony – Expert opinions provided by professionals in specialized fields.
Physical evidence – Tangible objects or materials that are part of the case.
Digital evidence – Electronic records, communications, and digital files.
3. Principles Governing Evidence in São Tomé and Príncipe:
a. Principle of Free Evaluation of Evidence (Princípio da livre apreciação da prova):
The court has the discretion to evaluate the evidence presented in a case. Judges are not bound by rigid rules about the value of specific types of evidence. They evaluate all available evidence based on their personal judgment, experience, and the circumstances of the case.
b. Burden of Proof (Carga da prova):
In civil cases, the party making a claim is responsible for proving their case.
In criminal cases, the prosecution must prove the defendant's guilt beyond a reasonable doubt.
c. Legality of Evidence (Princípio da legalidade):
Evidence must be legally obtained. For example, evidence obtained through illegal means, such as unauthorized searches or coercion, is generally not admissible.
d. Oral and Direct Evidence (Princípio da oralidade):
Similar to Portuguese law, there is an emphasis on oral and direct evidence in São Tomé and Príncipe. This means that witnesses testify in court, and evidence is presented orally rather than exclusively through written submissions. This ensures transparency and fairness during the trial.
4. Exclusion of Evidence:
The court may exclude evidence that:
Was obtained in violation of the law (e.g., through unlawful searches or breaches of privacy).
Is irrelevant or inadmissible according to legal standards.
Is unnecessarily repetitive or redundant.
5. Digital and Technological Evidence:
As in many countries, digital evidence plays a growing role in São Tomé and Príncipe’s legal system. Types of digital evidence that may be admissible include:
Emails, text messages, and other electronic communications.
Social media content.
Audio and video recordings.
Files or documents stored on digital devices.
For digital evidence to be admitted, it must be authenticated to ensure that it has not been tampered with.
6. Expert Testimony:
In both civil and criminal cases, expert testimony is highly regarded, especially when specialized knowledge is required. For example, medical or forensic experts may be called to testify in cases involving personal injury or criminal investigations. Experts are appointed by the court or agreed upon by the parties involved.
7. Witness Testimony:
Witness testimony is one of the most common forms of evidence in São Tomé and Príncipe. Witnesses must testify under oath, and their statements are subject to cross-examination. The credibility of the witness is assessed by the court, and the weight given to their testimony depends on their reliability and the circumstances surrounding their statement.
8. Documentary Evidence:
In both civil and criminal proceedings, documentary evidence is crucial. Courts may require the original documents, but certified copies may be accepted in certain situations. Parties involved in the case must disclose their evidence in advance, and both sides have the opportunity to challenge the documents presented.
9. Admissibility and Evaluation of Evidence:
While there are no strict rules about the order in which evidence must be presented, the evaluation process is essential in ensuring that justice is served. The court will evaluate whether the evidence meets the standards of relevance, legality, and authenticity before determining its admissibility.
Conclusion:
The Law of Evidence in São Tomé and Príncipe shares many similarities with the Portuguese system, reflecting the country’s historical connection to Portugal. The emphasis on oral evidence, witness testimony, and the free evaluation of evidence ensures that judges have significant discretion in interpreting cases. Additionally, digital evidence and expert testimony are becoming increasingly important in modern legal proceedings.
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