Law of Evidence at Seychelles
Seychelles, as an independent island nation, follows a mixed legal system that combines French civil law, English common law, and local custom. This hybrid system influences the Law of Evidence in the country.
Key Aspects of the Law of Evidence in Seychelles:
French Influence:
Historically, Seychelles was a French colony, and this influence is still reflected in its legal system, especially regarding civil matters.
Civil Code of Seychelles (1976) governs most private law, including issues of evidence in civil matters. This code is largely based on the Napoleonic Code (French Civil Code).
The Civil Procedure Code (1974) also outlines the procedures for handling evidence in civil cases.
Common Law Influence:
As Seychelles was also a British colony, common law principles (especially regarding criminal law and procedure) have a strong influence.
Evidence in criminal law is largely based on English law, with key statutes like the Criminal Procedure Code.
Seychelles follows the principles of adversarial proceedings in criminal cases, where both sides present evidence and arguments to a judge.
Types of Evidence in Seychelles:
Documentary Evidence: Written documents or electronic records are often presented as proof. Documents must be properly authenticated to be admissible.
Oral Testimony: Witness testimony is crucial, and witnesses may be called to testify in court. However, hearsay (testimony based on what others have said outside of court) is generally not admissible unless under specific exceptions.
Physical Evidence: Physical objects or exhibits can be presented in both civil and criminal cases.
Expert Evidence: Expert witnesses may be called to provide professional opinions in cases requiring specialized knowledge.
Confession: In criminal law, confessions can be used as evidence, but they must be made voluntarily and be corroborated by other evidence.
Hearsay Rule:
In Seychelles, the general rule is that hearsay evidence (evidence based on what someone else said, outside of court) is not admissible.
However, there are exceptions where hearsay may be allowed, especially in certain situations under both the Civil and Criminal Procedure Codes.
Burden of Proof:
In civil cases, the plaintiff (claimant) has the burden of proof to establish their case. They must prove their claims on the balance of probabilities.
In criminal cases, the prosecution has the burden of proving the accused's guilt beyond a reasonable doubt.
Criminal Law:
The Criminal Procedure Code lays out the rules for evidence in criminal cases. Like the common law system, the right to remain silent and protections against self-incrimination are guaranteed.
In criminal trials, evidence may include witness testimony, forensic evidence, and confessions. The Admissibility of Evidence (Judicial Notice) allows judges to accept certain facts without needing proof.
Electronic Evidence:
Digital and electronic evidence (emails, text messages, social media records, etc.) is increasingly important. Such evidence must meet certain standards to be admissible in court, including verification of authenticity and chain of custody.
Court System:
Seychelles has a Supreme Court, which handles both civil and criminal cases at first instance. There is also a Court of Appeal for appeals, and decisions from the Court of Appeal can be taken to the Privy Council in the UK (though the role of the Privy Council is gradually being phased out).
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