In Europe, each country has developed its own legal framework to regulate the presentation of evidence in court. A crucial component of this process is the need to present certified copies and verify documents to ensure the certainty and reliability of evidence. This article explores the legal provisions in the civil codes of various European countries that require the use of certified copies for the presentation of legal evidence.
Spain
In Spain, the Ley de Enjuiciamiento Civil following Article 326 establishes that copies without authenticity will not retain the value of a public document or legally admissible evidence in court. This means that without verified authenticity, a copy does not have the value of a public document and cannot be considered as legally admissible evidence.
Italy
In Italy, the Civil Code and the Code of Civil Procedure contain provisions similar to the Spanish one. An authentic copy, forensic acquisition of websites or web pages, will have the evidentiary effect referred to in Article 2712 of the Civil Code. and according to ISO/IEC 27037 standards there being [all these technical elements]
France
In France, the Code de procédure civile following Article 1379 of the Civil Code provides that “The authentic copy has the same probative force as the original” and that “Any copy resulting from an identical reproduction of the form and content of the document, and whose integrity is guaranteed over time by a process in accordance with the conditions set by decree of the Council of State”.
Germany
In Germany, the rules governing the submission of electronic evidence, such as certified copies of web pages, are mainly set out in the **Zivilprozessordnung (ZPO)**, the German Code of Civil Procedure. We can refer to different sections of the ZPO and other related laws. 1. **§ 371a ZPO** – **Beweiskraft elektronischer Dokumente** This article of the ZPO deals with the evidentiary value of electronic documents. It requires that an electronic document can be considered as evidence if it meets certain requirements of authenticity and integrity. This allows a judge to require an official authentication to ensure the validity of the document as evidence.
United Kingdom
In the United Kingdom, the Civil Evidence Act 1995 regulates the use of documents as evidence in civil proceedings and the most relevant section of the Civil Evidence Act 1995 is Section 8 – Evidence of Statements in Documents. This section states that a copy of a document may be admitted as evidence, provided that it is shown to be a true copy of the original. Although the text does not explicitly mention web pages, this provision is generally applicable to electronic documents, including web content, provided that their authenticity can be proven.
Poland
In Poland, the reference law for the presentation of evidence in civil proceedings, including electronic documents such as web pages, is contained in the **Code of Civil Procedure** (Kodeks postępowania cywilnego). Specifically, the **Polish Code of Civil Procedure** regulates the admission of documentary evidence and the assessment of the conditions for its authenticity and validity. ### Relevant provisions of the Polish Code of Civil Procedure: 1. **Article 243¹ KPC** – **Dowód z dokumentu elektronicznego** This article deals with evidence from electronic documents. It allows that an electronic document can be submitted as evidence if it is digitally signed or if its authenticity can be confirmed by other means provided by law.
Greece
In Greece, the submission of evidence in civil proceedings, including electronic documents such as web pages, is regulated by the Greek Code of Civil Procedure (Κώδικας Πολιτικής Δικονομίας). Although there is no specific mention of web pages, the general provisions regarding electronic documents also apply to them. Article 444 KPC – Documents and electronic records as evidence
This article regulates the use of documents as evidence. It establishes that electronic documents, including digitally certified ones, can be accepted as evidence if the authenticity and integrity of the document are proven. Article 457 KPC – Authentication of documents. This article allows parties to submit copies of documents provided they are authentic. The judge may require additional proof of authenticity if he considers that the submitted copy is not reliable. The judge may require the submission of a certified copy if there are doubts as to the authenticity of the submitted copy.
Endnotes
The need to submit verified authentic copies as legal evidence is a common principle across Europe, although with some variations between jurisdictions. Each country has developed specific regulations to ensure that only reliable and authentic documents can be used in legal proceedings, thus protecting the integrity of the legal process. These laws serve to maintain high standards of evidence and ensure that justice is administered fairly.
