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15. General principles of Criminal trial
 
  Article 83-The defense case  
83.1 The defense case  
  The defense under the procedure of trial has several opportunities at which to clearly present their case to the jury:  
  (a). The presentation of the defense primary criminal theme and facts  
  Following the prosecution facts of case, the defense shall present the primary criminal theme and facts upon which they will defend the case.  
  There are only three possible primary criminal defense themes of not guilty and only one may be permitted to be presented, namely (a) Innocence by fact(s) (b) Innocence by ommission/inconclusive fact(s) or (c) Innocence by procedural injustice .  
  (b). Evidence and testimony of defense witnesses  
  Upon the completion of the presentation of the prosecution evidence and testimony of witnessess, the defense shall present their evidence and testimony of witnesses. During this process, the prosecution shall have the right to cross examine once each witness presented.  
  (c). Summary of case by defense  
  Upon completion of evidence and testimony of witnesses of the defense, the defense shall summarize their case before the jury.  
83.2 Reasonable doubt by proof against primary facts  
  In all adversarial contests, there is the risk of irrelevance to the substance of law. In the case of all criminal defense, the backbone of reasonable doubt is in providing sufficient evidence to prove the fact of the primary facts of an offence.  
  While evidence of the prosecution may indicate poor character, or even previous criminal history, unless the primary facts of an offence are proven beyond reasonable doubt by the prosecution, the jury must not convict the defendant.  
  The goal of the defence therefore must be to use the primary criminal theme as the basis of a reasonable doubt case- either by presenting alternate facts that dispute the assertions of the prosecution, reveal inconsistencies and failure to prove primary facts of the case, or evidence of injust procedure.  
     
     
     
 
 

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