Which party bears the burden of proof in criminal proceedings? 1. The procuratorate is always responsible for proof in public prosecution cases. 2. The court has the right to investigate and collect evidence. When collecting evidence, the court may notify the defense lawyer or prosecutor to be present. 3. The defendant has no obligation to prove his guilt. No one may be forced to prove his or her guilt. If the defendant voluntarily pleads guilty without other evidence, the court will not accept it. 4. Both the defender and the defendant have the right to provide evidence to prove that the defendant is innocent or the crime is minor. 5. Lawyers can collect evidence for units and individuals who voluntarily provide evidence, and can also provide evidence clues and apply to prosecutors and judges to collect evidence. 6. The status of the private prosecutor is equivalent to that of the plaintiff and should bear the burden of proof to prove the defendant's guilt. If it cannot be proved or the evidence is not admissible, the lawsuit shall be withdrawn. "Criminal Procedure Law" Article 41 If the defender believes that the evidence and materials collected by the public security organs and the People's Procuratorate during the investigation, review and prosecution period that can prove the innocence of the criminal suspect or defendant or the circumstances of mitigating the punishment have not been submitted, the defender has the right to apply The People's Procuratorate and the People's Court shall request. Article 43 With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them, and may also apply to the People's Procuratorate or People's Court to collect and obtain evidence, or apply to the People's Court to notify witnesses to appear in court to testify. With the permission of the People's Procuratorate and the People's Court, and with the consent of the victim or his close relatives, or the witnesses provided by the victim, defense lawyers may collect materials related to the case from them. Article 51 The burden of proof of the defendant's guilt in public prosecution cases shall be borne by the People's Procuratorate, and the burden of proof of the defendant's guilt in private prosecution cases shall be borne by the private prosecutor. Article 52: Judges, prosecutors, and investigators must collect evidence in accordance with legal procedures to prove the guilt or innocence of a criminal suspect or defendant, and the seriousness of the crime. It is strictly prohibited to use torture to extract confessions and to collect evidence through threats, inducements, deceptions and other illegal methods, and no one may be forced to prove his or her guilt. It must be ensured that all citizens who are related to the case or know the facts of the case have the conditions to provide evidence objectively and fully. Except under special circumstances, they can be recruited to assist in the investigation. Article 54 The People's Court, People's Procuratorate and public security organs have the right to collect and obtain evidence from relevant units and individuals. Relevant units and individuals should truthfully provide evidence. Physical evidence, documentary evidence, audio-visual materials, electronic data and other evidentiary materials collected by administrative agencies 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. Anyone who forges, conceals or destroys evidence, regardless of the ownership of the evidence, must be held criminally responsible in accordance with the law. Article 55: When sentencing in all cases, emphasis must be placed on evidence and investigation and research, and oral confessions must not be taken lightly. If there is only the defendant's confession and no other evidence, the defendant cannot be found guilty and punished; if there is no defendant's confession and the evidence is reliable and sufficient, the defendant can be found guilty and punished. The evidence is reliable and sufficient and should meet the following conditions: (1) The facts of conviction and sentencing are supported by evidence; (2) The evidence on which the case is decided is verified to be true through legal procedures; (3) The evidence and facts of the entire case have been ascertained and excluded. Reasonable doubt. According to the above provisions, we can know that for public prosecution criminal cases, the burden of proof is generally borne by the public prosecutor, while for private prosecution criminal cases, the burden of proof is borne by the private prosecutor. If you cannot provide sufficient evidence to support your point of view, you will bear the responsibility for losing the case. This shows how important the role of evidence is in litigation. For more evidence-related questions, you can consult a lawyer for professional answers.