32It is true that Article 6(1) of Directive 2016/343, which governs the allocation of the burden of such proof (see, to that effect, the judgment of 28 November 2019, Spetsializirana prokuratura, C‑653/19 PPU, EU:C:2019:1024, paragraph 31), precludes, as is apparent from recital 22 of that directive, that burden from being transferred from the prosecution to the defence. However, as the Advocate General observed at point 61 of his Opinion, Article 6(1) does not prescribe the manner in which the prosecution must establish the guilt of an accused person or the manner in which that person must, in the exercise of his or her rights of defence, be able to challenge the evidence adduced by the prosecution at the judicial stage of criminal proceedings.
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