Burdens and Standards of Proof in Possession of Unexplained Property Prosecutions
Abstract
While possession of unexplained property (illicit enrichment) is expressly
criminalized under Article 419 of the 2004 Criminal Code of Ethiopia, there are practical problems in its prosecution, inter alia, regarding burden and standards of proof. Cases such as Workineh Kenbato & Amelework Dalie demonstrate the confusion regarding who bears what burden, for which facts the burden would apply and the required standard of proof thereof. Despite efforts to use the prosecution of illicit enrichment as a weapon in the combat against corruption, there are concerns triggered by such prosecutions. There is public interest to punish and deter corruption and seize and confiscate the proceeds of corruption; meanwhile there is the need for precaution against endangering the right to fair trial of the accused (especially the right to presumption of innocence, right to remain silent, right against self-incrimination) and property rights of innocent persons. This Article examines issues of the allocation of burdens and standards of proof in the prosecution of illicit enrichment cases. It
assesses the relevant legal framework in Ethiopia and examines some court practices. The author argues that the binding interpretation adopted in Workineh Kenbato & Amelework Dalie case is erroneous and calls for its
rectification in future cases that involve similar issues.
Key words: Possession of Unexplained Property, illicit enrichment, burden of proof, standard of proof, easing of burden of proof, Criminal Code of Ethiopia
a) Copyright of the content of the articles shall be retained by the author subject to the condition that it cannot be republished in another journal. The reproduction of the article as book chapter requires the acknowledgement of its prior publication in Mizan Law Review.
b) An author is entitled to deposit her/his published article in any Open Access repository subject to the condition that the format and layout shall not be changed. Depositing a post-publication version in any repository requires acknowledgement of the earlier version by indicating the Volume, Issue and page numbers of the version published in Mizan Law Review.
c) Articles published in Mizan Law Review are licensed under a Creative Commons Attribution-NonCommercial-NoDerivs (CC BY-NC-ND)
Privacy Statement
a) Where the Editorial Team deems it necessary, the editors may remove precise reference to names of individuals in case comments.
b) The names and email addresses submitted to and published in Mizan Law Review shall not be made available for any other purpose or to any other party.
Disclaimer
Opinions expressed in articles, comments, case comments and sharing thoughts do not necessarily reflect the views of the Editorial Team, or the publisher of the journal, i.e., Center for Law in Sustainable Development, St. Mary’s University.