proceeds of crime and reverse onus

نویسندگان

دکتر منصور رحمدل

چکیده

there is a general rule in criminal law, principal of innocence. according to this rule, who asserts must prove. if she succeeds, ,this principal is replaced by pricipal of criminality, (as this pricipal is valid as far as the contrary is not proven). so, it is clear that the validity of this pricipal is based on the circumstances and reasonable inferences from these circumstances. if the situation and circumstances is against the accused, the burden of proof is reversed .. the legislator that according to the circumstances regards the accused innocent, reverses the burden of proof according to the reversed circumstances and requires the accused to prove the contrary or disprove the prosecutor's claims. in the present paper, we consider the situation regarding the proceeds of crime.

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عنوان ژورنال:
مجله دانشکده حقوق و علوم سیاسی

جلد ۷۲، شماره ۰۶، صفحات ۰-۰

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