'Presumption of innocence' in document 'Fiji - Crimes decree 2009'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER II — GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

PART 9 — PROOF OF CRIMINAL RESPONSIBILITY

Legal burden of proof—prosecution

57.— (1) The prosecution bears a legal burden of proving every element of an offence relevant to the guilt of the person charged.

(2) The prosecution also bears a legal burden of disproving any matter in relation to which the defendant has discharged an evidential burden of proof imposed on the defendant.

RELEVANT ROME STATUTE PROVISIONS

Article 66
Presumption of innocence
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.