Law of Evidence at El Salvador
In El Salvador, the Law of Evidence is primarily governed by the Civil and Commercial Procedure Code (Código Procesal Civil y Mercantil) and the Criminal Procedure Code (Código Procesal Penal), depending on the legal context (civil or criminal).
Here’s an overview of the Law of Evidence in El Salvador, focusing on civil/commercial matters:
⚖️ Civil and Commercial Law of Evidence in El Salvador
🔹 1. Sources of Evidence
The main types of admissible evidence include:
Documentary Evidence: Written documents, contracts, public records.
Witness Testimony: Individuals may testify under oath; credibility and relevance are assessed by the judge.
Expert Evidence: Used in technical matters; experts must be qualified and may be appointed by the court.
Judicial Inspection: The judge may inspect physical items or locations.
Confession: Admissions by a party, whether judicial or extrajudicial, are considered strong evidence.
Presumptions: Inferences that can be drawn from established facts (legal or judicial).
🔹 2. Principles of Evidence
Burden of Proof (Carga de la Prueba): The party making an assertion (typically the plaintiff) must prove it.
Free Evaluation of Evidence (Libre Valoración de la Prueba): Judges have discretion to evaluate the evidence presented but must explain their reasoning in judgments.
Contradiction Principle (Principio de Contradicción): Each party has the right to challenge and respond to evidence presented by the other.
🔹 3. Role of the Judge
The judge plays an active role in collecting, evaluating, and even ordering the production of evidence.
This is in line with El Salvador’s civil law tradition, where the inquisitorial approach is followed more than adversarial.
🔒 Criminal Law of Evidence
Under the Criminal Procedure Code, principles like presumption of innocence, due process, and equality of arms govern how evidence is introduced and assessed.
📝 Key Characteristics
El Salvador’s legal system is based on civil law, influenced by Spanish and Latin American codes.
Written evidence is highly valued, especially notarized or public documents.
Oral proceedings have gained importance in modern procedural reforms.
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