ACCA Applied Skills · Corporate and Business Law (Global) · Business, political and legal systems
A state prosecutor charges the finance director of Kestrel Co with fraud. Which statement about the standard of proof and the purpose of the case is correct?
The prosecution must prove guilt beyond reasonable doubt, and the purpose is to punish the offender. Criminal cases are brought by the state and carry the higher standard of proof. The balance of probabilities applies in civil cases, where the usual aim is compensation.
- AThe prosecution must prove guilt beyond reasonable doubt, and the aim is punishment of the offenderCorrect
- BThe prosecution need only prove its case on the balance of probabilities, and the aim is compensation for Kestrel Co
- CThe defendant must prove innocence on the balance of probabilities, and the aim is to restore the parties to their prior position
Explanation
In criminal cases the state prosecutes, the burden lies on the prosecution, and the standard is beyond reasonable doubt. The purpose is punishment and deterrence. The balance of probabilities is the civil standard, so the second option is wrong.
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