Law of Evidence at Italy
In Italy, the law of evidence is primarily governed by the Italian Civil Code and the Code of Civil Procedure (CPC), with distinct provisions for civil and criminal matters.
Civil Law Evidence
Under the Italian legal system, the burden of proof is governed by Article 2697 of the Civil Code, which states that “those intending to enforce a right before a court shall provide evidence of the facts supporting their claim.” This principle applies to both plaintiffs and defendants. In civil proceedings, evidence is typically presented during the lawsuit and is administered by the court. Pre-trial discovery, as understood in common law jurisdictions, does not exist in Italy . (Giambrone Italian Solicitors and leading witness experts on Italian law; The rules of evidence in Italy: an overview on the role of expert witnesses under Italian Law, Comparisons | Global Practice Guides | Chambers and Partners)
The CPC outlines various forms of evidence:
Documentary Evidence: Includes public and private documents, electronic documents, and copies of documents. (European e-Justice Portal - Taking of evidence)
Oral Evidence: Encompasses witness testimony, party interrogations, confessions, and oaths. (Comparisons | Global Practice Guides | Chambers and Partners)
Expert Evidence: Judges may appoint experts to provide technical assistance in complex cases. (Giambrone Italian Solicitors and leading witness experts on Italian law; The rules of evidence in Italy: an overview on the role of expert witnesses under Italian Law)
Judges have the authority to order the production of documents from parties or third parties and can appoint experts to investigate technical issues . (Comparisons | Global Practice Guides | Chambers and Partners)
Criminal Law Evidence
In criminal cases, the prosecution bears the burden of proving the defendant's guilt beyond a reasonable doubt. Evidence can include direct evidence (e.g., eyewitness accounts, recordings), circumstantial evidence, testimonial evidence, and forensic evidence . (What Are the Legal Requirements For Proving Guilt in Italy?)
The Italian criminal procedure is inquisitorial, meaning judges play an active role in investigating the facts. Expert witnesses in criminal cases assist the judge in understanding technical matters and may be held liable for errors or omissions in their reports . (Giambrone Italian Solicitors and leading witness experts on Italian law; The rules of evidence in Italy: an overview on the role of expert witnesses under Italian Law)
Recent Developments
In Italy, the law of evidence is primarily governed by the Italian Civil Code and the Code of Civil Procedure (CPC), with distinct provisions for civil and criminal matters.
Civil Law Evidence
Under the Italian legal system, the burden of proof is governed by Article 2697 of the Civil Code, which states that “those intending to enforce a right before a court shall provide evidence of the facts supporting their claim.” This principle applies to both plaintiffs and defendants. In civil proceedings, evidence is typically presented during the lawsuit and is administered by the court. Pre-trial discovery, as understood in common law jurisdictions, does not exist in Italy . (Giambrone Italian Solicitors and leading witness experts on Italian law; The rules of evidence in Italy: an overview on the role of expert witnesses under Italian Law, Comparisons | Global Practice Guides | Chambers and Partners)
The CPC outlines various forms of evidence:
Documentary Evidence: Includes public and private documents, electronic documents, and copies of documents. (European e-Justice Portal - Taking of evidence)
Oral Evidence: Encompasses witness testimony, party interrogations, confessions, and oaths. (Comparisons | Global Practice Guides | Chambers and Partners)
Expert Evidence: Judges may appoint experts to provide technical assistance in complex cases. (Giambrone Italian Solicitors and leading witness experts on Italian law; The rules of evidence in Italy: an overview on the role of expert witnesses under Italian Law)
Judges have the authority to order the production of documents from parties or third parties and can appoint experts to investigate technical issues . (Comparisons | Global Practice Guides | Chambers and Partners)
Criminal Law Evidence
In criminal cases, the prosecution bears the burden of proving the defendant's guilt beyond a reasonable doubt. Evidence can include direct evidence (e.g., eyewitness accounts, recordings), circumstantial evidence, testimonial evidence, and forensic evidence . (What Are the Legal Requirements For Proving Guilt in Italy?)
The Italian criminal procedure is inquisitorial, meaning judges play an active role in investigating the facts. Expert witnesses in criminal cases assist the judge in understanding technical matters and may be held liable for errors or omissions in their reports . (Giambrone Italian Solicitors and leading witness experts on Italian law; The rules of evidence in Italy: an overview on the role of expert witnesses under Italian Law)
Recent Developments
In 2024, Italy introduced legislation restricting the publication of wiretaps involving individuals not under investigation. This law aims to protect privacy and prevent misuse of such recordings, particularly in political contexts . (Relief for loose-lipped MPs as Italy bans lewd wiretap leaks)
Conclusion
Italy's legal system emphasizes a structured approach to evidence, with clear distinctions between civil and criminal procedures. While the burden of proof generally lies with the party asserting a claim, judges have significant discretion to gather and assess evidence to ensure a fair trial.
Conclusion
Italy's legal system emphasizes a structured approach to evidence, with clear distinctions between civil and criminal procedures. While the burden of proof generally lies with the party asserting a claim, judges have significant discretion to gather and assess evidence to ensure a fair trial.
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