The Judicial Review of the Standard of Proof in Cartel Cases:Raising the Bar for the Croatian Competition AuthorityCase comment to the Judgment of the Constitutional Courtof the Republic of Croatia No. U-III-2791/2016 of 1 February 2018(Sokol Marić d.o.o.) [PDF]
Yearbook of Antitrust and Regulatory Studies, 2018 The Security agencies case represents another example of the procedural diversity among Member States in applying national competition rules that mirror Articles 101 and 102 TFEU.
Alexandr Svetlicinii
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Forfission of an enterprise and the burd of proof in criminal process [PDF]
Probacja, 2023 The subject of the analysis in the article is the institution of enterprise forfeiture (Article 44a of the Act of June 6, 1997, Penal Code), which is the state's criminal law response to the crime committed by the perpetrator.
Andrzej Dana, Marcin Jurgilewicz
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Analisis Penerapan Pembuktian Terbalik dalam Kasus Tindak Pidana Korupsi
Al-Mizan, 2020 Evidence in criminal cases is generally borne by the public prosecutor. This is different from the criminal case of corruption, in addition to being proven by the public prosecutor, the defendant also has the right to prove that he did not commit a ...
Arhjayati Rahim, Madinah Mokobombang
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SSRN Electronic Journal, 2020 Abstract This chapter provides a brief introduction to the scholarly conversation concerning burdens of persuasion. An adequate account of burdens must first explain what case-related facts the burden draws upon to produce outcomes. I review a variety of answers to this question, including probability threshold, likelihood ratio, belief ...
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Korupsi dan Pembalikan Beban Pembuktian
Jurnal Konstitusi, 2016 This paper was intended to answer a question on the extent of the effectiveness of a reversal burden of proof as stipulated in positive (prevailing) Indonesia law, that is, as provided for in Law Number 31 of 1999 on Eradication of Corruption Crime ...
Wahyu Wiriadinata
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Putting the burden of proof in its place: When are differential allocations legitimate? [PDF]
, 2008 It is widely assumed that legitimate differential allocations of the burden of proof are ubiquitous: that in all cases in which opposing views are being debated, one side has the responsibility of proving their claim and if they fail, the opposing view ...
Dare, Tim, Kingsbury, Justine
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Note: Burdens of Proof, Presumptions and Standards of Proof in Criminal Cases
Mizan Law Review, 2015 In jurisdictions that subscribe to adversarial mode of litigation, burdens and standards of proof have significant roles in the adjudication and determination of criminal cases.
WY Wodage
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Revista Eletrônica de Direito Processual, 2017 This paper aims at discussing making the burden of proof dynamic, which was explicitly contemplated in the New Code of Civil Procedure. Therefore, the text discusses the historical and conceptual premises of the burden of proof, beginning with a ...
Sabrina Nasser de Carvalho
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A Comparative Study of the Burden of Proof in Claims Based on Scientific Evidence in Iranian and English Law [PDF]
Iranian Journal of International and Comparative LawThis study aims to identify the strengths and weaknesses of the Iranian and English legalsystems regarding the use of scientific evidence and to propose solutions for overcomingobstacles to its acceptance.
Arezoo Ghazanfari +2 more
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Burdens and Standards of Proof in Possession of Unexplained Property Prosecutions
Mizan Law Review, 2015 While possession of unexplained property (illicit enrichment) is expressly criminalized under Article 419 of the 2004 Criminal Code of Ethiopia, there are practical problems in its prosecution, inter alia, regarding burden and standards of proof.
WY Wodage
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