'Rights during trial - burden of proof' in document 'Papua New Guinea - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART III. – BASIC PRINCIPLES OF GOVERNMENT.

Division 3. – Basic Rights.

Subdivision B. – Fundamental Rights.

37. PROTECTION OF THE LAW.

(4) A person charged with an offence–

(a) shall be presumed innocent until proved guilty according to law, but a law may place upon a person charged with an offence the burden of proving particular facts which are, or would be, peculiarly within his knowledge ;

PART III. – BASIC PRINCIPLES OF GOVERNMENT.

Division 3. – Basic Rights.

Subdivision B. – Fundamental Rights.

37. PROTECTION OF THE LAW.

(10) No person shall be compelled in the trial of an offence to be a witness against himself.

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