beviskraft

Beviskraft is a term used in Norwegian and Swedish law to describe the evidential strength of a piece of evidence in a dispute. It refers to how persuasive or credible the evidence is and how much it can contribute to establishing a disputed fact. Beviskraft is linked to the burden of proof and to the standard of proof required by the case (for example, beyond a reasonable doubt in criminal matters, or a balance of probabilities in civil matters).

Several factors determine beviskraft. The reliability and credibility of the source are central, as are corroboration from independent items, consistency with other known facts, and the quality of the evidence (for example, documentation, chain of custody, expert testimony). The rules of admissibility can limit beviskraft, such as prohibitions on hearsay or on privileged information.

Judges or jurors evaluate beviskraft as part of bevisbedømmelse, the assessment of evidence. The evaluation is typically qualitative and contextual rather than numerical. Evidence may have high beviskraft if supported by multiple credible sources, or low beviskraft if it is singular, uncorroborated, or unreliable. The relevant standard of proof determines whether the beviskraft is sufficient to reach a decision.

Beviskraft interacts with related concepts such as bevisbyrde (burden of proof) and presumption of innocence. In practice, beviskraft informs decisions about guilt or liability by indicating how likely a fact is to be true given the available evidence.