bewijsplichten

Bewijsplichten, or burdens of proof, are fundamental legal concepts that dictate which party in a legal proceeding must establish the truth of a particular claim or fact. Generally, the party making an assertion or claim carries the burden of proving it. This principle ensures that individuals are not presumed guilty or liable without sufficient evidence. In civil law, the burden of proof typically rests with the plaintiff who must demonstrate their case on a balance of probabilities, meaning it is more likely than not that their claims are true. In criminal law, the burden of proof is significantly higher, resting with the prosecution. The prosecution must prove the defendant's guilt beyond a reasonable doubt, a much stricter standard. There are instances where the burden of proof can shift. For example, in certain affirmative defenses, once the initial burden is met by the party making the claim, the burden may shift to the opposing party to disprove that defense. Understanding bewijsplichten is crucial for navigating legal disputes and ensuring fair outcomes.