NCJ Number
18386
Journal
Revue internationale de criminologie et de police technique Volume: 27 Issue: 3 Dated: (JULY-SEPTEMBER 1974) Pages: 259-264
Date Published
1974
Length
6 pages
Annotation
PROBLEMS ASSOCIATED WITH THE USE OF MICROFILM COPIES OF BUSINESS RECORDS AND DOCUMENTS AS EVIDENCE IN CASES INVOLVING FRAUDS, EMBEZZLEMENT, AND OTHER WHITE COLLAR CRIMES.
Abstract
THE PRACTICE IN THE WEST GERMAN COURTS HAS BEEN TO ADMIT MICROFILM COPIES AS EVIDENCE CONCERNING THE CONTENT OF THE DOCUMENT, BUT NOT AS EVIDENCE CONCERNING ITS ORIGIN AND PREPARATION. THE RATIONALE BEHIND LIMITING THE USE OF MICROFILM COPIES IS ELABORATED IN TERMS OF THE PRACTICAL CIRCUMSTANCES SURROUNDING THE PREPARATION, STORAGE, AND CONTROL OF THE COPIES. A MAJOR CONSEQUENCE OF THESE RULES OF EVIDENCE IS THAT MICROFILM COPIES CAN NOT BE USED TO PROVE THAT THE ORIGINAL DOCUMENTS WERE FALSIFIED BY CHEMICAL OR OTHER MEANS IN ORDER TO PERPETRATE A FRAUD. BUSINESSMEN MUST WEIGH SUCH DISADVANTABES OF MICROFILM AGAINST ITS ADVANTAGES OF ECONOMY AND EFFICIENCY. --IN FRENCH