Tõendamiskohustuse

Tõendamiskohustus, also known as the burden of proof, is a fundamental legal principle that dictates which party in a legal dispute has the obligation to present evidence to prove a particular fact or set of facts. In essence, it answers the question of who must convince the court or tribunal.

The general rule in most legal systems is that the party making an assertion bears the burden of proving that assertion. For instance, in a civil case where one party alleges that another party owes them money, the claimant (the one making the allegation) has the burden of proving the existence of the debt and the amount owed. Similarly, in criminal law, the prosecution bears the burden of proving the defendant's guilt beyond a reasonable doubt. The accused is presumed innocent until proven guilty.

However, the burden of proof can shift during a legal proceeding. This is known as the shifting burden of proof. For example, if a party presents sufficient initial evidence to establish a prima facie case, the burden may shift to the opposing party to present evidence to rebut or disprove that initial claim. There are also specific legal presumptions that can place the burden of proof on a particular party. For example, in some jurisdictions, the birth of a child to a married couple creates a legal presumption of paternity, and the burden would be on the alleged father to prove he is not the father.

The standard of proof required also varies depending on the type of case. In civil matters, the usual standard is the balance of probabilities, meaning that it must be shown that the fact in question is more likely than not to be true. In criminal cases, the standard is much higher: proof beyond a reasonable doubt. This means the evidence must be so convincing that there is no other logical explanation for the facts, apart from that the defendant committed the crime.