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Rule 303 Presumptions in Criminal Cases

Article III. Presumptions in Civil and Criminal

The court is not compelled to find a presumed fact against the accused. When the presumed fact establishes guilt or is an element of the offense or negatives a defense, the court may find guilt or the existence of the presumed fact if, but only if, a reasonable judge on the evidence as a whole including the evidence of the basic facts, could find guilt or the presumed fact beyond a reasonable doubt. When the presumed fact has a lesser effect, its existence may be found if the basic facts are supported by substantial evidence, or are otherwise established, unless the evidence as a whole negatives the existence of the presumed fact.