'Rights during trial - burden of proof' in document 'Malta - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER IV
Fundamental Rights and Freedoms of the Individual

39. Provisions to secure protection of law.

(5) Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved or has pleaded guilty:
Provided that nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this sub-article to the extent that the law in question imposes upon any person charged as aforesaid the burden of proving particular facts.

CHAPTER IV
Fundamental Rights and Freedoms of the Individual

39. Provisions to secure protection of law.

(10) No person who is tried for a criminal offence shall be compelled to give evidence at his trial.

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal