Legal subjectivity: What is the burden of proof in criminal proceedings? The burden of proof that the defendant is guilty in a public prosecution case is borne by the people's procuratorate, and the burden of proof that the defendant is guilty in a private prosecution case is borne by the private prosecutor. Article 51 of the Criminal Procedure Law stipulates that the burden of proof of the defendant's guilt in a public prosecution case shall be borne by the people's procuratorate, and the burden of proof of the defendant's guilt in a private prosecution case shall be borne by the private prosecutor. Article 54 People's courts, people's procuratorates and public security organs have the right to collect and obtain evidence from relevant units and individuals. The relevant units and individuals shall truthfully provide evidence. Evidence materials such as physical evidence, documentary evidence, audio-visual materials and electronic data collected by administrative organs in the process of administrative law enforcement and case investigation can be used as evidence in criminal proceedings. Evidence involving state secrets, commercial secrets and personal privacy shall be kept confidential. Whoever forges, conceals or destroys evidence, and whoever the evidence belongs to, will be investigated by law. The above content is compiled by Bian Xiao. I hope it will help everyone. If in doubt, I suggest you consult a professional lawyer online. Net is committed to building a high-quality legal consulting service platform for everyone.
Objectivity of law:
Rules of Criminal Procedure of the People's Procuratorate (for Trial Implementation) Article 61 When a people's procuratorate handles cases such as filing a case for investigation, examining and arresting, examining and prosecuting, it shall determine the facts of the case with evidence. The burden of proof to prove the defendant guilty in a public prosecution case shall be borne by the people's procuratorate. When a people's procuratorate brings a public prosecution to accuse a crime, it shall present true and sufficient evidence and prove it. When a people's procuratorate initiates a public prosecution, it should follow the principle of objectivity and fairness, and all the evidence of the defendant's guilt, serious crime and light crime should be presented to the people's court.