Court of Cassation, unfair evidence, illicit evidence, admissibility, civil proceedings, right to proof, private life, judicial procedure, fairness, jurisprudence
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Abstract
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Abstract
The Court of Cassation has ruled that unfair evidence can be admissible under certain conditions, unifying the legal regime of unfair and illicit evidence.
Extract
[...] (doc.1) This jurisprudence complements the means of proof and is perfectly justified in certain cases. (doc.1) The judicial authority also ensures respect for the principle of loyalty in the administration of evidence. (doc. 10) That is why it is up to the judge to assess whether unfair evidence undermines the equitable nature of the procedure, by weighing the right to evidence and the right that has been infringed in order to ensure that this infringement is not disproportionate. (doc.6, 12) List of documents studied*: *The entire set of documents above is available upon request from the customer service. [...]
[...] (doc.1) The unfaithful proof is now admitted by the Court of Cassation, but the conditions of admissibility set by the law are not sufficient to establish its receivability. The principle of the loyalty of proof is based on other precise conditions ( [...]
[...] (doc.4) Illegitimacy in obtaining or producing evidence no longer directly leads to its exclusion from debates. (doc.15) It can be admitted if it proves to be strictly necessary for the exercise of the action and the success of the court claim (doc.1, 15) The refusal to apply loyalty is affirmed or measured according to the matter concerned. (doc.16) The principle of proof loyalty is not applied in all cases. In civil proceedings, indifference is affirmed in matters of divorce and is rather measured in matters of private life. [...]
[...] It puts an end to a case law that is difficult to read given the discreet boundary between unfair evidence and illicit evidence (doc.13) Becomes admissible in criminal proceedings what is unfair or illicit in civil proceedings. (doc.4) The principle of freedom of evidence in criminal proceedings is confirmed by the desire of our legal system to seek the truth by all means. However, case law sets a limit that evidence must not come from an invitation to commit the offense. The probative value is the measure in which a piece of evidence convinces the judge that this mode corresponds to the truth. [...]
[...] (doc 19) The infringement of the other's rights, proportionate to the objective Disloyal evidence is strictly proportionate to the pursued goal. The private life of the opposing party must not be disproportionately affected. (doc.17) In the conflict between the right to proof and the right to respect for private life, the outcome of disloyal evidence is examined in order not to go to the encounter of the rights of the person to whom it is administered (doc 20) According to the judge's assessment, disloyal evidence is assessed as causing harm or not to the fairness of the entire procedure (doc 13). [...]
