|
The South African law of evidence forms part of the adjectival or procedural law of that country. It is based on English common law. There is no all-embracing statute governing the South African law of evidence: Various statutes govern various aspects of it, but the common law is the main source. The Constitution also features prominently. All types of legal procedure look to the law of evidence to govern which facts they may receive, and how: civil and criminal trials, inquests, extraditions, commissions of inquiry, etc. The law of evidence overlaps with other branches of procedural and substantive law. It is not vital, in the case of other branches, to decide in which branch a particular rule falls, but with evidence it can be vital, as will be understood later, when we consider the impact of English law on the South African system. == Admissions == The general rule is that the parties must prove their cases by evidence. Admissions constitute an exception to this rule. An admission is a statement by a party which is adverse to that party’s case. The party in question does not have to realise that something is adverse to his case for it to qualify as an admission. Whether or not something is adverse to a party’s case can depend on the context. One cannot, by definition, admit something in one’s own favour. Admissions may be divided into two categories: formal and informal. * Formal admissions are in a way part of the proceedings in a case. Examples include a plea in a criminal case, a formal admission under section 220 of CPA in a criminal case ( 220 Admissions :An accused or his or her legal adviser or the prosecutor may in criminal proceedings admit any fact placed in issue at such proceedings and any such admission shall be sufficient proof of such fact) and pleadings in a civil case. They can be used against a party, and they constitute conclusive proof of the facts they cover. * Informal admissions are extra-curial statements by a party which can be used against that party during legal proceedings. They do not constitute conclusive proof of the facts they cover, but they can constitute an item of proof. They are put in the scale and assessed at the end of the case. Sometimes informal admissions can be made in very formal circumstances, as when a suspect appears before a magistrate out of court in order to make a statement about his alleged involvement in an offence. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Law of evidence in South Africa」の詳細全文を読む スポンサード リンク
|