Whether the principle of who advocates who gives evidence is applicable in criminal law or not is not applicable in criminal law. The burden of proof in criminal law is borne by the public prosecution organ or the private prosecutor. The general rule of burden of proof distribution: (1) The principle of presumption of innocence is an irrefutable legislative presumption based on a certain value orientation. However, this does not mean that, according to the existing evidence, the defendant is more likely to be innocent than guilty, so he should be presumed innocent. The goal of presumption of innocence is to protect the defendant's legal rights, ensure judicial justice, and limit the possibility of "innocent people being wrongly convicted" to the lowest level. This is the value orientation of the presumption of innocence principle. (ii) 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. (3) In a case of private prosecution, the plaintiff shall bear the burden of proof. In criminal cases of private prosecution, the plaintiff, that is, the private prosecutor, bears the burden of proof, but 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. The above is what Bian Xiao has compiled for you. In criminal proceedings, the prosecution usually provides evidence. Under special circumstances, the burden of proof is reversed, and the defendant bears the burden of proof, such as the crime of huge property of unknown origin. If your situation is complicated, the website also provides online consultation service for lawyers, and you are welcome to have legal consultation.
Legal objectivity:
Article 64 of the Civil Procedure Law stipulates that the parties have the responsibility to provide evidence for their claims. The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case. The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.