'Rights during trial - burden of proof' in document 'Serbia - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part I
GENERAL PROVISIONS

Chapter I
BASIC RULES

“In doubt for the benefit of the defendant” Rule
Article 4
If upon gathering of all available evidence and its presentation in the criminal proceeding, only suspicion remains concerning the existence of a relevant elements of a criminal offense or concerning facts upon which the application of a certain provision of Criminal Code or the present Code depends upon, the court, i.e., another competent body shall always render a judgment more favorable for the defendant.

Part One
GENERAL PART

Chapter I
BASIC PROVISIONS

Evidentiary Actions
Article 15

Evidence is collected and examined in accordance with this Code.

The burden of proof is on the prosecutor.

The court examines evidence upon motions by the parties.

The court may order a party to propose additional evidence, or, exceptionally, order such evidence to be examined, if it finds that the evidence that has been examined is contradictory or unclear, and finds such action necessary in order to comprehensively examine the subject of the evidentiary action.

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