Browsing by Author "Debebe, Markos"

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    Reversal of Burden of Proof in Case of the Crime of Illicit Enrichment: A Case Study
    (Addis Ababa University, 2016-05) Debebe, Markos; Degefa, Abera (Phd)
    This thesis aims at addressing questions such as what is reversal of onus of proof; is there a reversal of onus of proof in case of the crime of illicit enrichment; if any, its constitutionality. It answers the constitutionality question of the onus imposed on those who are accused of the crime of illicit enrichment under Ethiopian laws. The constitutionality test is made in view of the fundamental rights of accused persons that are guaranteed under the FDRE Constitution. To this end, this thesis embarks on by determining the existence or otherwise of reversal of onus of proof in case of the crime of illicit enrichment. Apart from theoretical explications, the discussion is backed up by examination of illustrative practical cases. Moreover, in addition to a discussion on the legal frameworks that govern the crime of illicit enrichment, the thesis examines the elements of and rationales behind criminalisation of illicit enrichment. After discussing all the above issues, the author argues that, in Ethiopia, in case of the crime of illicit enrichment, there is a reversal of onus of proof, and it infringes the constitutionally guaranteed rights of accused persons, unambiguously, the PoI and protection against selfincrimination. However, contrary to Article 9(1) of the FDRE Constitution, the author recommends not to nullify the proclamation‟s provision on the crime of illicit enrichment but to amend some constitutional provisions; particularly, the provision on the PoI and the protection against self-incrimination.