Review article
https://doi.org/10.47960/2637-2495.2019.27.121
ELECTRONIC EVIDENCE IN CIVIL PROCEEDINGSIN BOSNIA AND HERZEGOVINA
Andrea Šoljić
orcid.org/0000-0002-5454-958X
; Općinski sud Livno, Livno, Bosna i Hercegovina
Abstract
Process of proving is the central part of civil litigation whose purpose is to
establish the facts that are essential for decision-making. This procedure takes place
in a manner prescribed by law. According to the civil law procedure of Bosnia and
Herzegovina, the initiative for offering evidence is in the hands of the parties. The
court is only exceptionally empowered to deal with facts which the parties have not
put forward and produce evidence which the parties have not proposed. Regardless
of the means of evidence that are prescribed by law, legally relevant facts can be
determined by all means of notification that are obtained legally. In this paper, the
author will present general provisions on evidence, while the second part of the paper
will consider electronic evidence.
Technology development has an impact on all spheres of society, also including the
judicial proceedings. Communication and business are increasingly being done electronically. Thus, various data can be stored that can serve as evidence in court
proceedings. This paper explains what electronic evidence is and how it can be used
in the civil litigation of Bosnia and Herzegovina. Although judges are not bound by
legal rules regarding the evaluation of evidence, regarding certain type of electronic
evidence there are legal presumptions that affect the legal value of such documents.
Keywords
proving; electronic evidence; electronic document; expertise; computerization
Hrčak ID:
232900
URI
Publication date:
25.9.2019.
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