Tõendamiskoormus

Tõendamiskoormus, also known as the burden of proof, is a fundamental legal principle that dictates which party in a legal dispute has the responsibility to prove a disputed assertion of fact. In essence, it answers the question of who must present evidence to convince the court or tribunal of the truth of a particular claim.

Generally, the party making an assertion or claim bears the burden of proving it. For example, in a criminal case, the prosecution has the burden of proving the defendant's guilt beyond a reasonable doubt. The defendant is presumed innocent until proven guilty, and therefore does not have to prove their innocence. In civil cases, the plaintiff typically bears the burden of proving their case, often by a preponderance of the evidence, meaning it is more likely than not that their claim is true.

However, the burden of proof can shift during legal proceedings. For instance, if a defendant raises an affirmative defense, such as self-defense in a criminal case or statute of limitations in a civil case, the burden of proving that defense may shift to the defendant. Similarly, in certain specific legal contexts, statutes or established legal precedents may place the burden of proof on a particular party, regardless of who initiated the action. The precise application of the burden of proof is crucial for ensuring fairness and due process in legal proceedings.