Fiji

Crimes Decree 2009 (decree No. 44 of 2009)

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.

Keywords

Fair trial standards
Presumption of innocence
Rights during trial - burden of proof



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