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ACCA Applied Skills · Corporate and Business Law (Global) · Business, political and legal systems

The state prosecutes Director Imani for fraudulent trading and seeks a fine and imprisonment. Which statement about the standard of proof in this case is correct?

The prosecution must prove guilt beyond reasonable doubt. This is the criminal standard of proof and is higher than the civil standard of balance of probabilities. The burden lies on the state, not on the accused director.

  1. AThe prosecution must prove guilt beyond reasonable doubtCorrect
  2. BThe prosecution must prove guilt on the balance of probabilities
  3. CImani must prove innocence on the balance of probabilities
  4. DThe standard is whatever the judge decides after the trial

Explanation

Criminal cases require the prosecution to prove guilt beyond reasonable doubt, a higher standard than the civil balance of probabilities. The burden does not rest on the accused to prove innocence.

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