2015
Lavinia Valeria LEFTERACHE, Proofs within Criminal Trial
Abstract: The effectiveness of the judicial review requires
that, as part of the review of the lawfulness of the grounds which are the
basis of the decision are to ensure that that decision, which affects that
person individually, is taken on a sufficiently solid factual basis. That
entails, in this instance, a verification of the factual allegations in the
summary of reasons underpinning the acts at issue, in order to review whether
those reasons, or, at the very least, one of those reasons, deemed sufficient
in itself to support those acts, is substantiated.
A presumption is a legal mechanism
of inducing a fact uncertain of a certain
fact. This mechanism is retained
when nature uncertain because makes it very difficult
to establish and it results from
a fact easier to establish.
Although the legal burden of proof is on [...] or
to the prosecution or to the
persons concerned, the evidence on which a party relies may be such as to require the other party to provide an explanation or justification, failing what it can be concluded that the burden of proof has been satisfied.
Key‑words: proofs, presumptions, precautionnary mesures, confiscation, legal person
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