3. Positive Criminal Evidence System

The positive type criminal evidence system is an evidence system that only relies on evidence that has been determined by law. A defendant can be declared guilty of committing a crime only if the evidence presented at the trial meets the conditions stipulated by law.

The judge's belief is not a consideration in the positive evidence system. This means that the judge cannot declare the defendant guilty solely based on his own belief, without being supported by valid evidence.

In the positive evidence system, the judge acts as the executor of the law. The judge must try to prove the defendant's guilt in accordance with the methods and evidence determined by law.

One of the advantages of the positive evidence system is its objectivity. The judge cannot be influenced by his conscience in deciding a case. This is because the judge only adheres to valid evidence.

The positive evidence system aims to seek formal truth. Therefore, this system is often used in civil procedural law.

4. Negative Criminal Evidence System

The negative type criminal evidence system (negatief wettelijk) is an evidence system that requires the judge to impose a criminal sentence on the defendant if:

  • There is valid evidence that has been stipulated by law. Valid evidence can be in the form of witness testimony, letters, expert testimony, and defendant testimony.
  • The judge has the belief that the defendant is guilty. The judge's belief must be based on the valid evidence.

The negative evidence system is similar to the evidence system conviction in raisone, because both systems require the judge to have the belief that the defendant is guilty. However, the negative evidence system is more specific, because it requires the judge to use evidence that has been stipulated by law.

The following is a further explanation of the two conditions that must be met in the negative evidence system: