Malawi

Criminal procedure and evidence code

PART VI
EVIDENCE IN CRIMINAL PROCEEDINGS

187. Burden of proof

(1) The burden of proving any particular fact lies on the person who wishes the court or jury, as the case may be, to believe in its existence, unless it is provided by any written law that the proof of such fact shall lie on any particular person :
Provided that subject to any express provision to the contrary in any written law the burden of proving that a person who is accused of an offence is guilty of that offence lies upon the prosecution.

Keywords

Fair trial standards
Presumption of innocence
Rights during investigation - self incrimination
Rights during trial - burden of proof



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