bevisbedømming

Bevisbedømming, a Danish term that translates to "evidence evaluation" or "assessment of evidence," is a crucial aspect of the legal process in Denmark and other Scandinavian countries. It refers to the methods and principles used by courts to assess the reliability, relevance, and weight of evidence presented during legal proceedings. The primary goal of bevisbedømming is to determine the truth or falsity of facts in dispute, thereby aiding the court in reaching a just and fair decision.

In Danish law, bevisbedømming is governed by the principles of free evaluation of evidence (fri bevisbedømming) and the principle of immediate assessment (princippet om umiddelbar bedømmelse). Free evaluation of evidence means that the court is not bound by strict rules regarding the admissibility of evidence but instead has the discretion to assess the value and reliability of all evidence presented. The principle of immediate assessment requires that the court, preferably the judge, personally assesses the evidence, including witness testimonies, to form an independent judgment.

The process of bevisbedømming involves several steps. First, the court identifies the relevant facts that need to be proven. Next, it evaluates the evidence presented by both parties, considering factors such as the credibility of witnesses, the consistency of the evidence, and the existence of any corroborating or contradicting evidence. The court then determines the weight or probative value of each piece of evidence and, finally, draws conclusions based on the preponderance of evidence.

Bevisbedømming plays a vital role in ensuring the fairness and accuracy of legal decisions in Denmark. By carefully evaluating the evidence, the court can make informed judgments that uphold the principles of justice and the rule of law.