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7. General principles of evidence
 
  Article 40-General principles of evidence  
40.1 General principles of evidence  
  The following are the general principles by which all evidence relating to either a Civil or Criminal Matter shall be defined.  
40.2 Evidence  
 

Evidence is defined as something relevant that can be produced during any formal proceedings which may support or refute a fact that has been stated as part of the proceedings. "Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to formal proceedings more probable or less probable than it would be without the evidence.

 
 

All relevant evidence is admissible, except as otherwise provided by this code or the Constitution of Arabian Union. Evidence which is not relevant is not admissible.

 
40.3 Types of evidence  
 

For the purpose of definition, three general classes of evidence are defined, with each having unique points of admissibility and integrity of existence:

 
 

(i) Physical evidence

(ii) Testimonial evidence of witness

(ii) Circumstantial (or implied) evidence

 
 

(i) Physical evidence is any physical object which may be considered relevant to proceedings in that it provides physical support or rebuttal to a statement of fact.

 
 

(ii) Testimonial evidence is any sworn testimony by a witness having been given either in an open court, video recording or written statement;

 
 

(iii) Circumstantial (or implied) evidence is any combination of admissible physical and/or testimonial evidence which when taken as a whole implies the existence of further evidence which is unable to physically submitted at the time of proceedings.

 
40.4 Integrity of existence  
 

All evidence in a formal proceedings must pass the essential rules of integrity of existence as outlined by this Code.

 
40.5 Admissible evidence  
 

Admissible evidence is relevant evidence that complies with the rules of relevance and integrity of existence defined by the Constitution of Arabian Union, or by this Code. Only admissible evidence may be presented in all Civil and Criminal Matters.

 
40.6 Exclusion of relevant evidence  
 

Although relevant and consistent with the rules of integrity of existence, evidence may be excluded as inadmissible if it can be established to qualify under the following specific clauses of exclusion:

 
40.7 Judge shall not discuss evidence  
  In ruling upon the admissibility of evidence, the judge shall not discuss or comment upon the weight of the same or its bearing in the case, but shall simply decide whether or not it is admissible; nor shall they, at any stage of the proceeding previous to the return of the verdict, make any remark calculated to convey to the jury their opinion of the case.  
40.6 The limited operation of the exclusionary rule  
  The exclusionary rule as stated that evidence collected or analyzed in violation of a constitutional and/or legal statute is inadmissible for a criminal prosecution in a court of law applies only to witness testimony evidence and circumstantial evidence. Furthermore the exclusionary rules extends to all civil matters of witness and circumstantial evidence. However, in respect to physical evidence, the exclusionary rule shall never apply.
 
40.7 The limited operation of client privilege  
  In respect to testimonial (witness) evidence there exists a tradition of protecting certain social communications of a client to a professional as both confidential and excluded from either physical evidence or disclosure through witness testimony.  
  While such confidentiality is an essential bond and trust that need to be maintained between the general public and individuals, it is not a universal right that exonerates professionals and their clients from giving testimony in relation to discussions concerning evidence of violent crimes, sexual crimes and morally depraved crimes.  
  In these cases, society demands that people guilty of such horrenous crimes automatically lose certain rights and privileges and in the case of people accused of such crimes that their rights be temporarily suspended in the case of "client privilege" until a verdict of guilt or innocence has been established.  
     
     
     
     
 
 

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