法律术语之Adverse Inference

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Adverse Inference,也称adverse presumption,不利的推断。

Adverse Inference:unfavorable deduction that may be drawn by the fact-finder from the failure of a party to produce a normally expected witness or other evidence. It may be presumed that the failure to produce was because the testimony or other evidence would have been harmful to that party.


事实调查人员因一方当事人未能出示在其控制范围内的证据而得出的有害结论。一些法院仅在当事人的失败可归因于恶意的情况下才允许这种推论。


Inference一词在法律英语中表示“推断;推理;推论”

the act or process of forming an opinion, based on what you already know.如:

If he is guilty then, by inference , so is his wife.

如果他有罪,那么由此可以推断他的妻子也同样有罪。


参考双语例句:

However, I wish to say that as many Members perhaps had not taken part in the scrutiny of the Bills Committee, I am concerned that they, as from what I have observed, may have the misconception that if the provisions proposed by the Government (not to mention the amendments to be moved by Mr Ambrose LAU on behalf of the Bills Committee) are passed, the Government would then draw adverse inferences from other non-prescribed or non-government tests.

不过,我想说一说,很多议员可能没有参与法案委员会的审议工作,所以,从我的观察,我担心他们会误会了如果政府建议的那些条文(撇开刘汉铨议员代表法案委员会提出的修正案不谈)获得通过,便会令政府对其他非指明或非官方的测试,作出一些不利于申请的推论。

The recommendations not endorsed by the minority are Proposal 4 which would enable the judge, defence counsel and prosecution to comment on an accused's refusal to answer questions put to him by a law enforcement officer and would entitle the jury to draw an adverse inference against the accused because of such refusal and the parts of Proposals 5B and 7(4) which entail a warning of these consequences being given to a person before he is questioned and after he is charged.

建议4会令到法官、辩方律师及控方能尌被控人拒绝回答执法人员所提出的问题一事发表意见,并会令到陪审团能基于被控人拒绝作答以及建议5的B部和建议7(4)中的有关部分而作出不利于被控人的推断(该等部分是关于在查问被控人之前和在落案貣诉被控人之后尌他拒绝作答会有何后果所作出的警告)。

Instead of protecting an accused against unfair treatment the panelist system may well create unfairness, since a failure to explain the silence may strengthen the adverse inference which may be drawn by the jury.

由于被控人未有解释自己何以保持缄默可能会增加陪审团作出不利推断的机会,专责小组成员制度便有可能会造成不公帄的情况,而不是保障被控人免受不公帄的待遇。

发布于 2023-02-02 16:56:13
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