criminal case. First and foremost, in order for a document to be of probative value and to prove something material about a case, it must not have been manipulated or tampered with in any way. Any changes to the document may distort its original content, with the possibility that the document no longer provides a full account of the occurrences. Judges will therefore consider the following elements of a piece of documentary information: • Origin: where and by whose actions this document came into existence. • Content: the subject matter discussed in the document. • Corroboration: the extent to which this document supports other findings in the case at hand. • Truthfulness: the extent to which a document appears to present a fair account of the truth. • Voluntariness: whether the document was obtained through valid means. • Reliability: the extent to which all of the above criteria contribute to the ability to rely on this document. 77 The probative value of documentary information is increased by recording a clear, detailed and accurate description of it as soon as possible after its collection. This also contributes to its being assessed as truthful and reliable. The more accurate the description of the origin and content of the piece of documentary information at the time of its creation, the easier it will be for judicial authorities to compare this to the current state of the information. Conversely, the documentary information’s probative value is compromised if the origin and content cannot be determined accurately or if there is a discrepancy between original and current condition of the documentary information without a valid explanation, which leaves the possibility open that the information is tampered with. Generally speaking, international criminal courts and tribunals tend to be less strict in admitting documentary information as evidence than national courts. 78 Judges at international criminal courts and tribunals may admit as evidence any piece of information deemed to be of sufficient probative 77 The Procecutor v. Tadic, Case No. IT-94-1-T, Decision on the Defence Motion on Hearsay, para. 1519 (Aug. 5, 1996), discussed in Robert Cryer, Hakan Friman, Darryl Robinson and Elizabeth Wilmshurst, AN INTRODUCTION TO INTERNATIONAL CRIMINAL LAW AND PROCEDURE, 466 (2010). 78 Robert Cryer, Hakan Friman, Darryl Robinson and Elizabeth Wilmshurst, AN INTRODUCTION TO INTERNATIONAL CRIMINAL LAW AND PROCEDURE 465 (2010). 61

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