Circumstantial evidence
A circumstantial evidence in a trial is when the presence of one or more facts (evidentiary facts) can be concluded logically to the fact to be proven main fact. The circumstantial facts must be fully proven in the process, i.e., to the conviction of the court. All conventional means of evidence serve as evidence .
In civil proceedings , the burden of proof for the circumstantial facts is borne by the person who also has to prove the main fact.
Example: The aim is to prove that a suddenly defective brake system has caused an accident. However, the braking system was destroyed in the accident. The assessment can therefore be ruled out as evidence. However, indications of the defect may be that the accident occurred in a situation that does not indicate human error and that the impact speed suggests insufficient braking efficiency. An indication of the suddenness of the defect, on the other hand, would be the perfect functioning of the brakes shortly before the accident.
In a criminal case in which circumstantial evidence is used, one speaks colloquially of a circumstantial trial .
See also
Web links
Individual evidence
- ↑ Thomas / Putzo, Commentary on the Code of Civil Procedure , 28th edition, paragraph 11 before Section 284.
