Burden of proof 翻译为“举证责任；提供证据之责任”，是指当作为裁判基础的法律要件事实在诉讼中处于真伪不明的状态时，一方当事人因此而承担的诉讼上的不利后果。举证责任在刑法中遵循排除合理怀疑证明标准，在刑事案件中，控方必须毫无疑义地证明其案情。（In criminal cases, the prosecution must prove its case...
burden of proofproof beyond a reasonable doubtSingaporeWhatever is thought to be the purposes of criminal punishment, one fundamental principle seems to have evolved in the jurisprudence of the common law legal tradition; that, before an accused person can be convicted of a crime, his guilt must...
In a criminal trial, the burden of proof lies with the government.在刑事审判中,举证责任由政府承担。For instance, if someone is charged with theft, it is up to the prosecution to prove beyond a reasonable doubt that the accused committed the theft.例如,如果有人被指控盗窃,检察机关必须证明被告...
法律术语:burden of proof the duty to prove a fact or facts in dispute In criminal cases,the prosecution must prove its case “beyond a reasonable doubt” In most civil cases,the plaintiff must prove its case by a “preponderance of the evidence” 举证责任(刑法中为排除合理怀疑的证明标准,民法...
Burden of Proof: Criminal Case Example Lesson Summary Frequently Asked Questions What is an example of burden of proof? An example of burden of proof is a defendant in a murder trial, who, while a very likely candidate for the murder, has a lot of evidence in his favor. The burden of...
法律英语术语选粹(17):burden of proof burden of proof 术语释义 The duty to prove a fact or facts in dispute. In criminal cases, the prosecution must prove its case beyond a reasonable doubt. In most civil cases, the plaintiff must prove its case by a preponderance of the evidence.”...
in a nonjury or bench trial. In a criminal case, the trier of fact is almost always a jury because of the right to a jury trial in the Sixth Amendment. Jurors are not legal experts, so the judge explains the burden of proof in jury instructions, which are a common source of appeal...
A duty placed upon a civil or criminal defendant to prove or disprove a disputed fact. Burden of proof can define the duty placed upon a party to prove or disprove a disputed fact, or it can define which party bears this burden. In criminal cases, the burden of proof is placed on the...
Burden of Proof: Criminal Case Example Lesson Summary Frequently Asked Questions What is an example of burden of proof? An example of burden of proof is a defendant in a murder trial, who, while a very likely candidate for the murder, has a lot of evidence in his favor. The burden of ...
The burden of proof is a legal requirement that determines the viability of a claim based on the factual evidence produced. The onus for the burden of proof lies with the party initiating or filing a claim. Standards of burden of proof are used in both civil and criminal trials and cases ...