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There are several reasons. But a major one is the difference between the civil-law and common-law legal systems. Most European legal systems are civil-law systems, and were significantly influenced by the Napoleonic Code. In this tradition, laws, including constitutions, tend to spell out rights, obligations, and procedures in relatively precise detail, and ...


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Most national constitutions are structural, ie, executive, legislative, judicial, dates and organizations of elections, taxing power, etc. These don't seem to require much interpretation, even in the US. One reason for supreme court cases is the division of powers between states and the Federal government. Sometimes a state and the Feds just disagree about ...


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You cannot rely on the prosecution's evidence only. There are such things as conflicting evidence and unreliable witnesses. Probabilities must be weighed, it may come down to "who has the best eye witnesses". For example, the prosecution may have an eye witness claiming you are the bank robber. This witness has no particular faults. A law-abiding ...


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As others pointed out, there is a gap between theory and practice. In theory, the prosecution must prove their case and the judge and/or jury will act accordingly. The defense has to do nothing. In practice, prosecutors are not supposed to bring a case if they don't think they can win (a waste of taxpayer's money, if nothing else). So if the prosecutor sees ...


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So I wonder whether there are any criminal trial processes around the world which place the entire burden of collecting evidence on the prosecution In the US, there is a burden on the prosecution to present the case against the defendant's guilt. The prosecution is required to provide all exculpatory evidence to the defense, and it is a massive ethics ...


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This is typically the case: the prosecution must prove there is a case. If they can't then the defense might not even need to defend. See: Submission of No Case to Answer Where the prosecution case is weak, either because there is no evidence to prove the offence or, although there is some evidence, the evidence is insufficient to support a conviction, the ...


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The idea of "innocent until proven guilty" is a rebuttable presumption. That is, the legal system presumes that someone is innocent, but that presumption can be rebutted by demonstrating facts and evidence to suggest that the truth is otherwise. This is a presumption in favor of the defense. There are, however, any number of presumptions in favor ...


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"Innocent until proven guilty" sets the stage in the united-states I know of a case where the prosecution presented a few items of evidence. Each one was disallowed as hearsay. When the prosecution rested, the defense counsel said, "Your honor, the defense rests". This is important - see below. The judge told the jury to return a "...


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In any legal system where the defendant is "presumed innocent until proven guilty beyond a reasonable doubt", the burden of proof rests entirely on the prosecution. The defense has no burden which would require them to provide evidence. However, the defense has the right to provide evidence, and it is almost always in the defense's interest to do ...


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As other answers noted, the defence doesn't have to provide evidence at all if they don't want to. It's up to the prosecution to prove guilt in most places, and the defence only needs to provide evidence in as far as they want to challenge the evidence provided by the prosecution. As for what you actually seem to be getting at: Having the prosecution take on ...


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"burden of proof is nominally with the prosecution in most circumstances, but in practice it seems to be somewhat shared" The issue is in your interpretation of the phrase "burden of proof". This term has a specific meaning. What it doesn't mean is that a particular party is the only one who can or should give evidence. Rather, it means ...


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Yes The common law legal systems all require proof beyond reasonable doubt of each of the elements of the crime. If the prosecution fails to provide enough evidence to meet that burden on any of the elements then the defendant is not guilty. As a practical matter, this is dealt with in different ways depending on the status of the investigation/trial. If ...


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The common law adversarial system is just that: the prosecution must prove its case beyond reasonable doubt. The defense is not obliged to call evidence at all. They are allowed to though: they will do it merely if they feel that the prosecution evidence needs rebuttal — in order to discredit the evidence or, at least, raise that "reasonable doubt"....


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Is the law about this pretty much identical in any state or are there some radically different examples from various states (i.e. in one state would never be able to confiscate, in one it wouldn't need a warrant, etc.)? In U.S. jurisprudence, the transaction that you describe is called a "fraudulent transfer". The existence of a fraudulent ...


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united-states Meet the word "clawback". The general rule is that anything you do simply for asset protection can be undone by the government or courts. See the excellent book by Adkisson and Riser titled Asset Protection. First, the creditor is going to ask about all your assets including transfers. You have to answer truthfully, or else you open ...


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germany In Germany, the situation is mostly the same, independent of whether the creditor is the state, a person or some other legal entity such as a corporation. According to the Anfechtungsgesetz (AnfG), a creditor can dispute: any donations (or other uncompensated actions) by the debtor during the last four years (§4 AnfG) any action during the last ten ...


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A bankruptcy trustee can reverse non-commercial transactions australia Assuming that creditors pursue the debt to the point that the person must be declared bankrupt (or be liquidated if a company), then the trustee (or liquidator) can go back 6 months before the person was insolvent and examine every transaction to ensure that it was commercial. If it wasn’...


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