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In a criminal trial, the prosecution has to prove the case against the accused beyond the reasonable doubt. According to the section 200(1) of the Code of Criminal Procedure, when there is no evidence to prove the case levelled against the accused, then the court has to record a verdict of acquittal without calling accused's defence. [7]
Circumstantial evidence is used in criminal courts to establish guilt or innocence through reasoning. With obvious exceptions (immature, incompetent, or mentally ill individuals), most criminals try to avoid generating direct evidence. Hence, the prosecution usually must resort to circumstantial evidence to prove the existence of mens rea, or ...
Documentary evidence is any evidence that is, or can be, introduced at a trial in the form of documents, as distinguished from oral testimony.Documentary evidence is most widely understood to refer to writings on paper (such as an invoice, a contract or a will), but the term can also apply to any media by which information can be preserved, such as photographs; a medium that needs a mechanical ...
Some defences impose an evidential burden on the defendant. If the evidential burden is met, the prosecution then bears the burden of proof (which is not called an evidential burden). For example, if a person charged with murder pleads self-defence, the defendant must satisfy the evidential burden that there is some evidence suggesting self ...
Criminal procedure is the adjudication process of the criminal law.While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant.
Corpus delicti (Latin for "body of the crime"; plural: corpora delicti), in Western law, is the principle that a crime must be proven to have occurred before a person could be convicted of having committed that crime.
English: An Act to provide for the establishment of a Crown Prosecution Service for England and Wales; to make provision as to costs in criminal cases; to provide for the imposition of time limits in relation to preliminary stages of criminal proceedings; to amend section 42 of the Supreme Court Act 1981 and section 3 of the Children and Young Persons Act 1969; to make provision with respect ...
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty.Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact (a judge or a jury).