- Criminal procedure
Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that s/he is innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human Rights, and it is included in other human rights documents. However, in practice it operates somewhat differently in different countries.
Similarly, all such jurisdictions allow the defendant the right to legal counsel and provide any defendant who cannot afford their own lawyer with a lawyer paid for at the public expense (which is in some countries called a "court-appointed lawyer").
- Court Appointed Special Advocates
- Criminal Procedure Act
- Criminal procedure in the United States
- Italian Criminal Procedure
- Offence (law)
- Trial (law)
- Israel, Jerold H.; Kamisar, Yale; LaFave, Wayne R. (2003). Criminal Procedure and the Constitution: Leading Supreme Court Cases and Introductory Text. St. Paul, MN: West Publishing. ISBN 0314146695.
Criminal procedure (investigation) Criminal investigation Criminal prosecution Charges and pleas Related areas Wiktionary · Wikibooks · Wikiquote · WikiSource · Wikimedia Commons · Wikinews · Wikiversity Law Core subjects Other subjectsAbusive language · Admiralty law · Aviation law · Banking law · Bankruptcy · Commercial law · Competition law · Conflict of laws · Consumer protection · Corporate law · Energy law · Entertainment law · Environmental law · Family law · Financial regulation · Human rights · Immigration law · Intellectual property · International criminal law · Labour law · Military law · Music law · Procedure (Civil · Criminal) · Product liability · Space law · Sports law · Tax law · Unjust enrichment · Wills Legal systems Legal theory Legal institutions Category · Portal
Wikimedia Foundation. 2010.