CHAPTER II
FUNDAMENTAL RIGHTS AND FREEDOMS

51. Rights of the accused

Everyone charged with an offence has the right :

(h) to be presumed innocent until proven guilty beyond a reasonable doubt.

DRAFT CRIMES & SENTENCING CODE



PART I: THE GENERAL PART

PRELIMINARY PROVISIONS

CHAPTER 10. PRELIMINARY PROVISIONS
Section 15 – Burdens of Proof; Rebuttable Presumptions

(a) Presumption of Innocence. No person may be convicted of an

offense unless each element of such offense is proved to a practical certainty.

In the absence of such proof, the innocence of the defendant is presumed.

(b) Burden of Persuasion.

(1) A party who fails to meet his burden of persuasion shall have

the issue decided against him.

(2) Burden on the Prosecution. Unless explicitly provided

otherwise by this Code, the prosecution shall have the burden to:

(A) prove all elements of an offense to a practical

certainty;

(B) disprove all exceptions, non-general defenses, and

grading mitigations to a practical certainty; and

(C) prove all other facts required for liability by a

preponderance of the evidence.

(3) Burden on the Defendant. Unless explicitly provided

otherwise by this Code, the defendant shall have the burden to prove all

elements of a general defense by a preponderance of the evidence.

(c) Rebuttable Presumptions. When the Code establishes a rebuttable

presumption with respect to any fact, if the facts giving rise to the presumption

are proven to a practical certainty, the Court shall find that the presumed fact is

proven, unless the opposing party proves otherwise by a preponderance of the

evidence.

(d) Definitions. A “general defense” means any defense provided in

Chapters 40, 50, or 60.