Bevisbördan

Bevisbördan, or burden of proof, is the legal obligation to prove disputed facts in a case. The party who raises a claim or asserts a fact bears the bevisbörda. The court decides whether the evidence presented meets the required standard, applying the applicable evidentiary rules.

Standards of proof differ by jurisdiction and by type of case. In criminal cases, many systems require proof beyond a reasonable doubt for each essential element of the offense. In civil cases, the claimant typically must establish facts by a preponderance of the evidence or the balance of probabilities. Some matters use alternative levels of proof or require a higher threshold for certain elements or defenses.

Bevisbördan can shift during proceedings. Once a party has provided sufficient prima facie evidence, the burden may move to the other side to refute, justify, or prove an affirmative defense. Legal presumptions, procedural rules, and specific statutes can allocate or shift the burden. Ultimately, bevisbördan concerns the sufficiency and persuasiveness of proofs, not absolute truth, and it guides how disputes are resolved in courts.