In criminal proceedings, under normal circumstances, the burden of proof is borne by the public prosecution organ and the private prosecution is borne by the plaintiff. The defendant can adduce evidence to prove his innocence or guilt. However, this belongs to the right of defense given to the defendant by law, and it is a right, not an obligation or responsibility. The defendant may exercise the right of defense according to law, or he may not exercise the right of defense, and he cannot draw unfavorable facts or judgment consequences because he does not exercise the right of defense. ?
1. In a public prosecution case, the burden of proof is borne by the prosecution. In public prosecution criminal cases, the general rule of burden of proof distribution is that the prosecution bears the burden of proof, and the defendant does not bear the burden of proof. During the trial, the prosecution should provide the court with sufficient evidence to prove the criminal facts of its allegations, and its proof should meet the statutory standards. The defendant has no obligation to prove his guilt or innocence to the court. In other words, the defendant can not provide any evidence to the court, but only question the evidence presented by the prosecution, which is the task of completing the defense. The defendant can not even plead, and the court can not make a judgment against the defendant. ?
In a case of private prosecution, the plaintiff bears the burden of proof. In a criminal case of private prosecution, the plaintiff, that is, the private prosecutor, bears the burden of proof, while the defendant does not. This is also the embodiment of the basic principle of "who advocates who gives evidence" in judicial activities. If the private prosecutor can't prove the criminal facts alleged by him with sufficient evidence, before the court session, the judge shall persuade the private prosecutor to withdraw the prosecution or dismiss the prosecution with a written ruling; After the trial, the judge should declare the defendant innocent. In short, if the private prosecutor cannot or fails to give sufficient evidence, he will bear the consequences of losing the case. ?
Second, what are the types of evidence in criminal proceedings? According to Article 48 of the Criminal Procedure Law, there are eight kinds of criminal evidence in China:
1, physical evidence; 2. Written evidence; 3. witness testimony; 4. The victim's statement; 5. Statements and excuses of criminal suspects and defendants; 6. Appraisal opinions; 7, inquest, inspection, identification, investigation and other records; 8. Audio-visual materials.
To sum up, criminal cases are basically public prosecution cases, and the procuratorate is the prosecution party, so the burden of proof should be on the procuratorate, which needs to provide the court with factual evidence of the crime when submitting a public prosecution. Of course, there are also some criminal cases initiated by the plaintiff, including the crime of abandonment and abuse, and the plaintiff who initiated the lawsuit should provide evidence.