Whether the principle of whoever claims the evidence is applicable in the criminal law, it does not apply in the criminal law. The burden of proof in the criminal law is borne by the public prosecution agency or the private prosecutor. General rules for the distribution of the burden of proof: (1) The principle of presumption of innocence is an irrefutable legislative presumption based on a certain value orientation. However, this does not mean that, based on the available evidence, the defendant is more likely to be innocent than guilty and therefore should be presumed innocent. The goal of the presumption of innocence is to protect the legal rights of the defendant, ensure judicial fairness, and limit the possibility of "the innocent person being wrongly convicted" to the lowest level. This is the value orientation of the principle of presumption of innocence. (ii) In public prosecution cases, the burden of proof lies with the prosecutor. In public prosecution criminal cases, the general rule of allocation of the burden of proof is that the prosecution bears the burden of proof and the defendant does not bear the burden of proof. During the trial, the prosecutor must provide the court with sufficient evidence to prove the criminal facts alleged against him, and the proof must meet legal standards. The defendant is under no obligation to prove his or her guilt or innocence to the court. In other words, the defendant may not provide any evidence to the court and can only challenge the evidence presented by the prosecution. This is the task of completing the defense. The defendant may not even enter a defense, and the court cannot rule against the defendant. (3) In private prosecution cases, the plaintiff shall bear the burden of proof. In criminal private prosecution cases, the plaintiff, the private prosecutor, bears the burden of proof, not the defendant. This is also the embodiment of the basic principle of "whoever advocates shall give evidence" in judicial activities. If the private prosecutor cannot prove the criminal facts alleged by him with sufficient evidence, before the trial, the judge should persuade the private prosecutor to withdraw the prosecution or dismiss the prosecution with a ruling; after the trial, the judge should acquit the defendant. In short, if the private prosecutor cannot or does not provide sufficient evidence, he will bear the consequences of losing the case. The above is the content compiled by the editor for you. In criminal proceedings, the prosecution usually presents evidence. Under special circumstances, the burden of proof is reversed and the defendant bears the burden of proof, such as the crime of unexplained sources of huge amounts of property. If your situation is more complex, the website also provides online lawyer consultation services, and you are welcome to seek legal consultation.