2004•Journal of SwuplRequires access

The Criminal Presumption and the Defense Liability of the Defendant

LI Qun

Open publisher page 0 citations

Abstract

During the criminal procedure, criminal presumption is an important method in identifying the case, which to some extent mitigates the difficulty of Public Prosecutor's proof. Presumption is not the presumption of guilt, whereas has some compatibility with the principles of presumption of innocence. Presumption can be rebutted, and if the defendant wants to rebut this presumption, he must produce evidences and take the defend liability. This kind of liability isn't the same concept with the burden of proof taken by the Public Prosecutor.

About this research paper

What this paper is about

During the criminal procedure, criminal presumption is an important method in identifying the case, which to some extent mitigates the difficulty of Public Prosecutor's proof. Presumption is not the presumption of guilt, whereas has some compatibility with the principles of presumption of innocence. Presumption can be rebutted, and if the defendant wants to rebut this presumption, he must produce evidences and take the defend liability. This kind of liability isn't the same concept with the burden of proof taken by the Public Prosecutor.

Why it matters

A significance statement is not available in the OpenAlex record.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available abstract

During the criminal procedure, criminal presumption is an important method in identifying the case, which to some extent mitigates the difficulty of Public Prosecutor's proof. Presumption is not the presumption of guilt, whereas has some compatibility with the principles of presumption of innocence. Presumption can be rebutted, and if the defendant wants to rebut this presumption, he must produce evidences and take the defend liability. This kind of liability isn't the same concept with the burden of proof taken by the Public Prosecutor.

Key concepts: Presumption, Presumption of innocence, Liability, Burden of proof, Criminal liability, Law, Criminal procedure, Strict liability

Related papers

Back to paper searchBrowse research topicsOriginal source
The Criminal Presumption and the Defense Liability of the Defendant — Research Paper | ScholarLens