Evidence law in Cyprus
Evidence law refers to the legal norms and principles that define the proof of facts in a judicial process. Since the available evidence shapes the judge’s decision, the law of evidence indicates what evidence should or should not be considered by the Court.
In Cyprus, the proof of facts in legal proceedings is regulated by the ‘Evidence Act’ (Cap. 9). Cyprus evidence law follows the principle of English evidence law which treats civil and criminal proceedings together. According to article 3 of Cap.9, the test law applicable in Cyprus is the English law applicable on November 5, 1914.
Main categories of evidence:
oral evidence It consists of the statements and testimonies of the witnesses who physically appear before the Court. Pursuant to section 2(1) of Cap. 9, ‘statement’ is defined as ‘any production, description or execution of a fact or production or expression of an opinion, which is produced orally or in writing or otherwise. In addition, Chap.9 clarifies that a witness can only testify about facts of which he has personal knowledge or express his opinion as an expert. In some cases, expert opinion is required for the determination of the Court’s decision. For example, in case of injuries caused by medical negligence, the opinion of a doctor is necessary.
Witnesses must always testify under oath. If a witness commits the crime of perjury, then he/she is subject to imprisonment.
hearsay is defined as ‘a statement made by a person other than the one making the statement in any civil or criminal proceeding and which is presented as proof of everything expressed in it’. In particular, a witness is allowed to provide the Tribunal with evidence that he himself has directly heard or perceived through his own senses. For example, a witness may give evidence that he heard the defendant crying as he entered the building. However, he cannot claim that someone else told him.
According to article 24 of Cap. 9, the Court may, at any stage of the judicial process, reject the hearsay evidence, if it considers that this prevents the proper administration of justice.
documents include anything in which information of any description is documented.
Pursuant to Article 34, the content of a statement that is included in a document and is admissible evidence can only be proven by:
Yo. The presentation of the original document or,
ii. Copy of the original document provided there is sufficient justification for not presenting the original.
Present evidence:
The litigant has the legal burden of proof. That is, he has to present the relevant evidence in the judicial process to prove and support his argument. Failure to provide the court with the necessary evidence may result in the loss of the case.
The role of the lawyer:
A professional lawyer will discuss your case with you in absolute confidence, and then proceed with the collection of evidence to achieve the best possible outcome for you effectively and efficiently.