Results 21 to 30 of about 750,594 (326)

Korupsi dan Pembalikan Beban Pembuktian

open access: yesJurnal 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
doaj   +1 more source

Putting the burden of proof in its place: When are differential allocations legitimate? [PDF]

open access: yes, 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
core   +2 more sources

Note: Burdens of Proof, Presumptions and Standards of Proof in Criminal Cases

open access: yesMizan 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
doaj   +1 more source

DYNAMIC ALLOCATION OF THE BURDEN OF PROOF IN THE NEW PROCEDURAL LAW – PREMISES FOR ITS BETTER UNDERSTANDING

open access: yesRevista 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
doaj   +1 more source

The burden of proof concerning the money’s source in money laundering crimes [PDF]

open access: yesمجلة الاجتهاد للدراسات القانونية والاقتصادية, 2022
The crime of money laundering is established when the source of the suspected money is known. Originally, the person is not asked to present evidence supporting his innocence, but rather the burden of proof lies on the accusing party to prove the illicit
ركروك راضية
doaj   +1 more source

A Comparative Study of the Burden of Proof in Claims Based on Scientific Evidence in Iranian and English Law [PDF]

open access: yesIranian Journal of International and Comparative Law
This 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
doaj   +1 more source

Vasiyetname Düzenleme Ehliyeti İçin Gerekli Ayırt Etme Gücü

open access: yesSakarya Üniversitesi Hukuk Fakültesi Dergisi/Sakarya Hukuk Dergisi, 2022
Vasiyetname ehliyeti açısından vasiyetçinin ayırt etme gücünün bulunması vasiyetnamenin iptali bakımından önemi haizdir. Vasiyetçi ayırt etme gücüne sahip değilse, Türk Medeni Kanunu m. 557 hükmüne göre, vasiyetnamenin iptali istenebilir. Vasiyetnamenin
Nafiye Yücedağ
doaj   +1 more source

Burdens and Standards of Proof in Possession of Unexplained Property Prosecutions

open access: yesMizan 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
doaj   +1 more source

Requiem for the Burden of Proof

open access: yesRevista Ítalo-Española de Derecho Procesal, 2022
The burden of proof, a notion specific to the medieval Roman-canonical process but alien to the four Roman procedural systems, ought to have become obsolete with the introduction of the free assessment of evidence. However, doctrinal and jurisprudential
Jordi Nieva Fenoll
doaj   +1 more source

The Burden and Order of Proof in WTO Claims: Evolving Issues [PDF]

open access: yes, 2017
The World Trade Organization (WTO) is one of the best dispute settlement mechanisms in the world. Under WTO rules, aggrieved parties must establish a “prima facie” case before the panel can call on the offending party to respond to the claims.
Ahmad, Zeina, Malkawi, Bashar H.
core   +3 more sources

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