Beweiswert

Beweiswert is a German legal term referring to the evidentiary value or weight that a piece of evidence or a fact carries in judicial proceedings. It describes how strongly the evidence supports the truth of a contested fact and to what extent it can contribute to establishing a claim or defense. The Beweiswert is not fixed; it depends on the type of evidence, its reliability, the credibility of sources, and the surrounding circumstances. Corroboration, consistency with other evidence, and the absence of countervailing factors can increase the Beweiswert, while doubts about authenticity, memory errors, or bias can diminish it.

In civil proceedings, the court evaluates Beweiswerts during the Beweiswürdigung (evaluation of evidence). The party bearing the burden of proof must present evidence whose Beweiswert cumulatively meets the applicable standard of proof (for example, the balance of probabilities). In criminal proceedings, the required Beweiswert is higher, approaching proof beyond a reasonable doubt. Different categories of evidence often have different inherent Beweiswerte: public or notarized documents typically carry a high Beweiswert, while private writings or testimonies may require corroboration to achieve the same effect.

Beweiswert is closely related to, but sometimes distinguished from, Beweiskraft (probative force). The former emphasizes the weight assigned to specific evidence in the court’s factual determinations, while the latter refers more generally to the overall capacity of evidence to prove something.

Overall, Beweiswert is a central concept in understanding how facts are established in German-speaking legal systems.