Reversal of Burden of Proof in Case of the Crime of Illicit Enrichment: A Case Study
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Date
2016-05
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Addis Ababa University
Abstract
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.
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Keywords
Crime of Illicit Enrichment, Burden of Proof,