At what point is the examination of evidence conducted?

The examination of evidence, regardless of whether it is civil or criminal litigation, is one of the key procedures for proving the facts, and it plays a very important role in the trial process.

Usually, after the complaint is received and the answer is submitted, the examination-of-evidence procedure proceeds in the course of full-scale pleadings or the trial.

However, in order to steer the case favorably, there are many cases where evidence is collected and organized even before filing the suit.

This is because evidence secured at the initial response stage can determine the direction of the case and can also become an important standard of judgment in a future trial.

Evidence is divided, according to its form, into personal evidence, physical evidence, and documentary evidence.

① Personal evidence (testimony, statements) : where the content a person states in language becomes evidence

② Physical evidence (stolen goods, fingerprints) : where the existence or state of an object becomes evidence

③ Documentary evidence (forged documents, printed matter) : where the content recorded in a document becomes evidence

The examination of evidence goes beyond simply presenting evidence; the judgment can also be swayed by how it is adopted and interpreted.

In particular, in a criminal trial, because guilt or innocence must be proven beyond a reasonable doubt, the importance of collecting evidence becomes even greater.

The submission of wrong evidence or an unlawful method of investigation can instead bring about an unfavorable result, so a strategic approach is required.

Therefore, the collection of evidence that has a decisive effect on the litigation result should necessarily be prepared and carried out systematically together with a legal expert.