Commercial Frauds

Problems and Remedies in the Judicial Process

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Summary and Conclusion

When evaluating proposals to reform fraud trials, we should beware of following this ‘dangerous precedent’ line, and also of concentrating on the defects of the alternatives to the exclusion of the defects of the present system. For some countries, such as Singapore and Hong Kong, which do not have jury trial but do have a substantial number of fraud trials, the difficulties may be mainly procedural, though judicial competence presumably is still a relevant concern. In countries which have both ‘common jury’ trial and Legal Aid, the issues of competence, cost, length, and, perhaps, corruption may be more prominent.


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