The burden and standard of proof in corruption-related cases

John Hatchard ()

Chapter 8 in Proving Corruption and Defending the Corrupt, 2025, pp 148-161 from Edward Elgar Publishing

Abstract: This chapter focuses on the presumption of innocence versus the concern that the ‘combatting of corrupt activities and money laundering is being hampered by the onerous burden of proof upon prosecutors’. In doing so, the chapter pays special attention to the approach of the courts in several Anglophone African countries to the constitutionality of the illicit enrichment offence. The arguments in favour of imposing a legal burden are considered as well as the possibility of reading down a statutory provision to an evidential burden.

Keywords: Presumption of innocence; Legal and evidential burden of proof; Illicit enrichment; Reverse burdens (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035307463
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.elgaronline.com/doi/10.4337/9781035307470.00015 (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:22101_8

Ordering information: This item can be ordered from
http://www.e-elgar.com

Access Statistics for this chapter

More chapters in Chapters from Edward Elgar Publishing
Bibliographic data for series maintained by Darrel McCalla ().