Law of Evidence at Mauritania
Mauritania's legal system is a blend of Islamic Shari'a law and civil law traditions, influenced by French legal principles. The country's approach to evidence law is primarily governed by the Criminal Procedure Code and the Civil Procedure, Commercial, and Administrative Code.
🏛️ Criminal Procedure Code
The Criminal Procedure Code in Mauritania is established under Ordinance No. 83-162, promulgated on July 9, 1983. This code outlines the procedures for criminal investigations and trials, including the handling and admissibility of evidence. (Ordinance No. 83-162 of July 9, 1983, on the Establishment of the Criminal Code, Mauritania, WIPO Lex)
Key Provisions:
Article 85: Defines exhibits as objects that may serve to discover the crime, establish actual circumstances of the case, or discover the offender.
Article 86: Outlines the procedures for the storage and handling of exhibits. (Mauritania Civil Procedure, Commercial and Administrative Code | Land Portal)
Article 89: Specifies that documents containing significant information for the criminal case are considered evidence. (Mauritania Civil Procedure, Commercial and Administrative Code | Land Portal)
Article 90: States that records of investigation and court proceedings are considered evidence if they meet the requirements of the Code.
Article 91: Details the collection, testing, and evaluation of evidence, emphasizing the importance of establishing facts of significance for a just case resolution.
These provisions ensure that evidence in criminal cases is handled systematically and with due regard to legal standards.
📄 Civil Procedure, Commercial, and Administrative Code
The Civil Procedure, Commercial, and Administrative Code governs civil litigation and the presentation of evidence in civil matters. Key aspects include: (Mauritania Civil Procedure, Commercial and Administrative Code | Land Portal)
Article 94: Addresses the procedures for conducting expert examinations, including the use of multiple experts for complex cases.
Article 94-1: Introduces the concept of complex expert examinations, where multiple experts from different fields collaborate to resolve complex issues.
These provisions ensure that evidence in civil cases is thoroughly examined and evaluated by qualified experts.
⚖️ Legal Framework and Principles
Mauritania's legal system is based on principles such as:
Adversarial Trial: Criminal proceedings are based on the principles of adversarial trial and equality of the parties.
Independence of Judges: Judges are independent and shall be governed only by the Constitution and laws of the Mauritanian Republic.
Burden of Proof: The prosecutor is obligated to prove the guilt of the accused.
These principles ensure a fair and just legal process in Mauritania.
RELATED Blog
0 comments