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15:37 Nov 28, 2008
This question was closed without grading. Reason: No acceptable answer
German to English translations [PRO] Law/Patents - Law (general) / evidence
German term or phrase:Beweistransfer
U.S. Supreme Court zum Konfrontationsrecht: Ohne Mitwirkung der Verteidigung kein Beweistransfer - also ein Meilenstein für die Beschuldigtenrechte?
I would rephrase it - something like 'out of court statements/hearsay not admissible' without consent/cooperation of the defence, as this is what the Supreme Court case seems to be about.
Using anything like 'transfer' in the context of evidence could be misleading to a UK reader and suggest the physical transfer of a piece of evidence, or transfer from one country to another, like under this proposed European Evidence Warrant. I don't think transfer is used in the context of admissibility of evidence. See this CPS legal guidance on hearsay http://www.cps.gov.uk/legal/h_to_k/hearsay/#a08 - using the find function of Firefox only got me one mention of the word transfer and this was in notice of transfer or service of case, nothing with 'transfer of evidence'.
Automatic update in 00:
34 mins confidence:
Explanation: wörtliche Übersetzung, kenne mich im Prozessrecht aber nicht aus;
siehe das Fallbespiel im Zusammenhang mit dem Simpson-Prozess
Reference information: in the book synopsis mentioned below "Beweistransfer" is mentioned. From the context it would seem to address the question of when evidence obtained in one context or legal system can be admitted as evidence in another.
In your case, as you say, it appears to relate to ex parte testimony which cannot be tested by cross-examination