What is the burden of proof in criminal proceedings? The burden of proof of the defendant's guilt in public prosecution cases rests with the People's Procuratorate, and the burden of proof of the defendant's guilt in private prosecution cases rests with the private prosecutor. Article 51 of the Criminal Procedure Law stipulates that the burden of proving the guilt of the defendant in public prosecution cases shall be borne by the People's Procuratorate, and the burden of proving the guilt of the defendant in private prosecution cases shall be borne by the private prosecutor. Article 54 The People's Court, People's Procuratorate and public security organs have the right to collect and obtain evidence from relevant units and individuals. Relevant units and individuals should truthfully provide evidence. Physical evidence, documentary evidence, audio-visual materials, electronic data and other evidence materials collected by administrative agencies during the course of administrative law enforcement and case investigation can be used as evidence in criminal proceedings. Evidence involving state secrets, business secrets and personal privacy shall be kept confidential. No matter who forges, conceals or destroys evidence, no matter who the evidence belongs to, they will be held accountable by law. The above content is compiled by the editor, I hope it will be helpful to everyone. If you have any questions, it is recommended that you consult a professional lawyer online. Net is committed to creating a high-quality legal consulting service platform for everyone.
Legal objectivity:
What Article 50 of the Criminal Procedure Law can use to prove the facts of a case is all evidence. Evidence includes: (1) physical evidence; (2) documentary evidence; (3) witness testimony; (4) victim statement; (5) confession and defense of criminal suspects and defendants; (6) expert opinion; (7) inquest , inspection, identification, investigation and experimental records; (8) Audio-visual materials and electronic data. The evidence must be verified to be true before it can be used as the basis for finalizing the case. Article 51: The burden of proof in criminal proceedings is borne by the People’s Procuratorate in public prosecution cases, and by the private prosecutor in private prosecution cases. Article 52 of the Criminal Procedure Law: Judges, prosecutors, and investigators must collect various evidence that can prove the guilt or innocence of criminal suspects and defendants as well as the seriousness of the crime in accordance with legal procedures. It is strictly prohibited to use torture to extract confessions and to collect evidence through threats, inducements, deceptions or other illegal methods, and no one may be forced to prove his or her guilt. It is necessary to ensure that all citizens who are related to the case or know about the case have the conditions to provide evidence objectively and fully. Except for special circumstances, they can be hired to assist in the investigation.