The Criminal Presumption and the Defense Liability of the Defendant
LI Qun
Abstract
LI Qun
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.
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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