Evidence is the means of establishing the reality of an act or a legal fact
fact.
According to article 9 of the code of civil procedure: “It is incumbent on each party to prove, in accordance with the law, the facts necessary for the success of its case party to prove, in accordance with the law, the facts necessary for the success of his
claim.”
A. The principle of the burden of proof
The burden of proof lies with the plaintiff. Thus, article 1315 of the Civil Code
code provides:
‘He who claims the performance of an obligation must prove it.
Conversely, one who claims to be discharged must justify the payment or the fact which produced the extinction of his obligation
Criminal procedure is inquisitorial, whereas civil procedure is adversarial, even if it
adversarial, even if it too is becoming increasingly inquisitorial
often.
In criminal law, the inquisition is the criminal procedure where the judge, seized by a complaint, a denunciation or public rumor, takes the initiative of the prosecution and, unlike the accusatory procedure, directs the course of the trial.
B. Legal presumptions
According to article 1349 of the Civil Code: “Presumptions are consequences that the law or the consequences that the law or the magistrate draws from a known fact to an
unknown.”
Thus, when the fact cannot be proven, the proof is based on fact
presumption.
The law distinguishes between simple presumptions, which the defense can contest by providing evidence to the contrary, and irrebuttable presumptions, which are by bringing evidence to the contrary, from irrebuttable presumptions, that is to say that it cannot be contradicted (except by confession or oath).
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