California Evidence Code 607 – When a presumption affecting the burden of proof operates in a …
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When a presumption affecting the burden of proof operates in a criminal action to establish presumptively any fact that is essential to the defendant‘s guilt, the presumption operates only if the facts that give rise to the presumption have been found or otherwise established beyond a reasonable doubt and, in such case, the defendant need only raise a reasonable doubt as to the existence of the presumed fact.
(Enacted by Stats. 1965, Ch. 299.)
Terms Used In California Evidence Code 607
- Action: includes a civil action and a criminal action. See California Evidence Code 105
- Burden of proof: means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court. See California Evidence Code 115
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.