A legislative proposal seeks to introduce bad-faith litigation penalties into the Code of Criminal Procedure, mirroring civil law. However, this analysis argues that such a move is fundamentally incompatible with the accusatory nature of criminal law, the presumption of innocence, and the defendant's right to silence, as it incorrectly imposes duties of cooperation and truth-telling that do not exist for the accused.
Bad-faith litigation in criminal proceedings
Thursday, 12 March 2026RSS





