Results 31 to 40 of about 153,135 (280)

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]

open access: yesYearbook 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
doaj   +1 more source

Analisis Penerapan Pembuktian Terbalik dalam Kasus Tindak Pidana Korupsi

open access: yesAl-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
doaj   +1 more source

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

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

Forfission of an enterprise and the burd of proof in criminal process [PDF]

open access: yesProbacja, 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
doaj   +1 more source

Liability regimes in the age of AI: a use-case driven analysis of the burden of proof [PDF]

open access: yesJournal of Artificial Intelligence Research, 2022
New emerging technologies powered by Artificial Intelligence (AI) have the potential to disruptively transform our societies for the better. In particular, data-driven learning approaches (i.e., Machine Learning (ML)) have been a true revolution in the ...
David Fernández Llorca   +4 more
semanticscholar   +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

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

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

Intangible Losses, Damages and At-Risk Settlements: The Extent of Causality and Burden of Proof for Climate Related Loss and Damage in the Fiji Islands

open access: yesJournal of Environmental Law & Policy, 2023
In this article, a plethora of social, cultural, legal and policy related remedies for harm caused by climate related loss and damage (L&D) were examined, particularly in rural and remote Fiji Islands. The meaning of loss and damage, and its relationship
D. Orcherton
semanticscholar   +1 more source

Home - About - Disclaimer - Privacy