Beweiskraft

Beweiskraft, literally “probative force,” is a term used in German-speaking legal systems to describe the evidentiary strength of a piece of evidence in proving a fact within a court proceeding. It is a relative measure rather than an absolute truth, varying with the type of evidence, its source, and how convincingly it is treated during the court’s evaluation of evidence.

In practice, Beweiskraft applies to various forms of evidence, including documents (Urkunde), witness testimony (Zeugenaussage), expert opinions (Sachverständigengutachten), and physical or digital evidence. Official or notarized documents typically have higher Beweiskraft, while informal statements may carry less, though all evidence can be questioned or disputed in the course of the case.

Beweiskraft is assessed through Beweiswürdigung, the process by which judges or voters weigh the reliability, relevance, and consistency of the presented evidence against the issues in dispute. Factors influencing the assessment include the credibility of witnesses, the authenticity and reliability of documents, and how well the pieces of evidence fit with one another and with established facts.

The standard of proof that uses Beweiskraft differs by jurisdiction and by case type. In criminal cases, the standard is often that the evidence must convince beyond reasonable doubt; in civil cases, the goal is a balance of probabilities or a preponderance of evidence. German criminal law also emphasizes the principle “Im Zweifel für den Angeklagten” (in case of doubt, for the defendant), reflecting the cautious weight given to evidence before convicting.

Overall, Beweiskraft denotes how convincingly evidence supports a disputed fact, as determined through careful judicial evaluation rather than an objective measure of truth.