What is the burden of proof in criminal proceedings? 1. What is the burden of proof in criminal proceedings? In criminal proceedings, the burden of proof is generally borne by the prosecutor in public

What is the burden of proof in criminal proceedings? 1. What is the burden of proof in criminal proceedings? In criminal proceedings, the burden of proof is generally borne by the prosecutor in public prosecution cases, and by the plaintiff in prosecution cases. The defendant can present evidence at trial to prove his or her innocence or guilt. But this is the right, not the obligation or responsibility, given by law to the defendant to defend himself or herself. The defendant may exercise the right of defense in accordance with the law, or he may not exercise the right of defense. He cannot obtain unfavorable fact finding or judgment simply because he fails to exercise the right of defense. 1. In public prosecution cases, the public prosecutor bears the burden of proof. In public prosecution criminal cases, the general rule for the distribution of the burden of proof is that the prosecutor 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 has neither the obligation to prove his guilt nor his innocence to the court. In other words, the defendant is not allowed to provide any evidence to the court and only needs to challenge the evidence provided by the prosecution to complete the defense task. The defendant may not even make any defense, and the court cannot make a judgment against the defendant. 2. The private prosecutor bears the burden of proof. In criminal private prosecution cases, the plaintiff, the private prosecutor, bears the burden of proof, and the defendant does not bear the burden of proof. 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 alleged criminal facts with sufficient evidence, before the trial, the judge should persuade the private prosecutor to withdraw the prosecution, or rule to dismiss the prosecution; after the trial, the judge should rule that the defendant is not guilty. In short, if the private prosecutor cannot provide evidence or the evidence is insufficient, he will bear the consequences of losing the case. II. What types of evidence are included in criminal proceedings? According to Article 48 of the Criminal Procedure Law, there are eight types of criminal evidence in our country: 1. Physical evidence; 2. Documentary evidence; 3. Witness testimony; 4. Victim’s statement; 5. Criminal suspect’s and defendant’s confession and justification; 6. Appraisal opinions; 7. Inspection, inspection, identification, investigation and evidence collection, and experimental records; 8. Audio-visual materials. To sum up, criminal litigation cases are basically public prosecution cases. The procuratorate is the prosecutor, so the burden of proof should be on the procuratorate. When it files a public prosecution, it needs to provide evidence of criminal facts to the court. Of course, there are also some criminal cases in which the plaintiff himself initiates litigation, including crimes of abandonment, cruelty, etc., and the plaintiff should take the initiative to provide evidence.