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III. Judicial Standards and Criminal Matters
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14. General Principles of Criminal Trial |
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Article 82-The
prosecution suit |
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| 82.1 |
The prosecution suit |
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The prosecution under the procedure of trial has several opportunities at which to clearly present their suit to the jury: |
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(a). The presentation of the prosecution facts of suit |
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Following the opportunity for special plea, the prosecutor shall them present the prosecution facts of suit, at which time the prosecution is permitted to include all relevant facts pertaining to previous charges as well as current facts of the suit where the defendant has an active criminal record. |
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(b). Evidence and testimony of prosecution witnesses |
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Upon the completion of the presentation of the defense primary criminal theme and facts, the prosecution shall present their evidence and testimony of witnesses. During this process, the defense shall have the right to cross examine once each witness presented. |
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(c). Summary of suit by prosecution |
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Upon completion of summary of suit by defense, the prosecution shall summarize their suit before the jury. |
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| 82.2 |
Proof of facts relating to the existence of evidence against primary facts |
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In all adversarial contests, there is the risk of irrelevance to the substance of law. In the suit of all criminal prosecutions, the backbone of proof of guilt is in providing sufficient evidence to prove the fact of the primary facts of an offence. |
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While other evidence may indicate poor character, or even previous criminal history, unless the primary facts of an offence are proven beyond reasonable doubt by the prosecution, the jury must not convict the defendant. |
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