(2)4.1 Burden of Proof: Difference between revisions
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Created page with "= (2)4 Burden of Proof = == (2)4.1 Burden of Proof == (a) In any criminal proceeding, the burden of proof rests with the prosecution unless otherwise expressly provided by law. (b) The prosecution must prove each element of an offense beyond a reasonable doubt. (c) When an affirmative defense is raised, the defendant bears the burden of producing evidence sufficient to place the defense in issue, unless a greater burden is expressly imposed by law. (d) Nothing in th..." |
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(a) In any criminal proceeding, the burden of proof rests with the prosecution unless otherwise expressly provided by law. | (a) In any criminal proceeding, the burden of proof rests with the prosecution unless otherwise expressly provided by law. | ||
Revision as of 12:29, 14 December 2025
(a) In any criminal proceeding, the burden of proof rests with the prosecution unless otherwise expressly provided by law.
(b) The prosecution must prove each element of an offense beyond a reasonable doubt.
(c) When an affirmative defense is raised, the defendant bears the burden of producing evidence sufficient to place the defense in issue, unless a greater burden is expressly imposed by law.
(d) Nothing in this section relieves the prosecution of its obligation to disprove an affirmative defense beyond a reasonable doubt when required by law.