NAVIGATING TRANSNATIONAL FINANCIAL CRIMES: PRESUMPTION OF INNOCENCE, RIGHT TO SILENCE, AND BURDEN OF PROOF DEMYSTIFIED

Abstract

This article explores the complexities of the presumption of innocence, the right to silence, and the burden of proof in transnational financial crime. Using a qualitative methodology that combines comparative legal analysis and case study evaluations, the study examines how differing jurisdictional standards affect the rights of defendants facing such complex allegations. The research examines international jurisprudence and national legal frameworks to identify gaps and inconsistencies affecting defendants in these high-stakes cases. The objective is to highlight the challenges faced by individuals accused of financial crimes that traverse borders, often resulting in diminished protections due to varying legal standards, and to elucidate the challenges posed by transnational dynamics, where financial crimes often traverse multiple legal systems, leading to procedural inconsistencies that can undermine fundamental rights. It reveals that in the context of transnational financial crimes, the presumption of innocence is frequently compromised by investigative practices that favour expedited legal processes over individual rights. This article recommends the development of harmonised guidelines for cross-border financial investigations and the implementation of procedural safeguards to protect the rights of the accused, ultimately contributing to a more just and effective global legal framework for combating financial crimes. It also recommends the establishment of standardised international guidelines to reinforce these critical legal safeguards. Such measures aim to harmonise legal protections across borders, ensuring that the presumption of innocence and the right to silence are upheld, thus fostering fairness and justice in the prosecution of transnational financial crimes.