Beweismitteln

Beweismittel are means of proof used in judicial proceedings to establish or refute facts. In German law they encompass a range of evidence presented to prove claims in civil, criminal, and administrative cases. The term covers documents, testimonies, physical objects and inspections, expert opinions, and digital data.

Common categories include Urkunden (documents such as contracts, certificates, official records), Zeugenaussagen (statements from witnesses, usually given under oath), Augenschein (the inspection of objects or a scene by the court), and Gutachten or Sachverständigengutachten (expert opinions that explain specialized technical or scientific matters). Elektronische Beweismittel (digital evidence) such as emails, databases, metadata, logs and video or audio recordings have become increasingly important. Indizienbeweise (circumstantial evidence) are also recognized when direct proof is not available.

The admissibility and the weight of Beweismittel are determined by the court through Beweiswürdigung, a process that assesses relevance, credibility, authenticity, and reliability. The burden of proof rests with the party asserting a fact, and the court weighs the presented Beweismittel to determine the truth of the disputed issue. Evidence obtained illegally or in violation of statutory or constitutional rights may be inadmissible or given less weight, depending on the jurisdiction.

In practice, parties file Beweisanträge (motions to admit evidence), and courts decide on their admissibility. Digital Beweismittel require particular attention to authenticity, integrity, and chain of custody to ensure that data remains untampered and properly attributable to its source. Beweismittel thus form a core element of the evidentiary framework, balancing the need for truth with procedural and privacy considerations.