Presumption of Corruption in Bribery Case: Study on the Application in the Thai Legal System

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Disorn Likhitwitayawuid

Abstract

Generally, in the criminal case, the accused or the defendant will be presumed to be innocent until it is proved that the defendant is guilty. According to principle of presumption of innocence. However, in the case of cases of bribe official that seriously damage the society and complex. Adherence to the principle may result in the offender taking advantage of the reasonable doubt of the case in order to get himself or herself out of the law. In such cases, there is the occurrence of a presumption of corruption that shifts the burden of proof on the defendant, which increases the effectiveness of state crime control. This may be a legal measure that can be applied to Thailand without conflicting or contradictory with universal principles.

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Academic Articles