Santosh, Neither do I have a judicial beckground, nor training. What I do know is that the Portuguese follow a Civil Code and Criminal code and the British have a system of Acts of Parliament and precedents.
That the two are radically different is the extent of my knowledge in these matters. Gabriel. ----- Original Message ---- > From: Santosh Helekar <[email protected]> > To: estb. 1994!Goa's premiere mailing list <[email protected]> > Sent: Fri, 18 February, 2011 8:59:17 AM > Subject: Re: [Goanet] Guilty until proven innocent? > > To ascertain the accuracy of what I have stated in respect of the current >Indian and pre-1961 Portuguese criminal justice systems, please read the legal >treatise entitled "Criminal Justice India Series: Goa, 2002" written by D. >Banerjea of the West Bengal National University of Juridical Sciences. Here is >the pertinent quote on page 137 of that book: > > QUOTE > Under the Portuguese system, after investigation, if an offender was charged >with crime, then he was, generally speaking, presumed to be guilty and the >onus >was on the offender during trial to prove his innocence; whereas under the >Indian system, the accused is presumed to be innocent and the burden is >entirely >on the prosecution to prove his guilt and the Magistrate must hold him guilty >beyond any shadow of doubt. > UNQUOTE > .....Criminal Justice India Series: Goa, 2002, Page 137, Lines 12 - 17. > > Since I do not have a legal background I would appreciate it if Jose or > anybody >else could contradict the above statement by quoting from a legal document or >book with greater authority and reliability, if any such item exists. > > Cheers, > > Santosh
