Title: Comments on the Basis for Division of Burden of Proof in Criminal Litigation
Abstract: The rule about proof decides the burden that the bodies undertake in criminal procedure, and decides the result of the criminal litigation accordingly. The traditional theories about the burden of proof concentrate mainly on the field of Criminal Procedure law, but in fact, from the situation about the burden of proof in criminal procedure in the world , we can find that the prosecutor only proves the action of the accused is in accord with the Tatbestand or the essential element of the constitution of crimes,and the defendant should prove the elements of the constitution of crimes that deny the crimes. The above rules about the burden of proof actually stem from the function of presumption which is owned by the constitution of crimes.
Publication Year: 2005
Publication Date: 2005-01-01
Language: en
Type: article
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