tegenbewijslijn

Tegenbewijslijn is a Dutch legal term that refers to the principle of burden of proof in a legal context. It is derived from the phrase "tegenbewijs," which means "proof against" or "proof to the contrary." In Dutch law, the tegenbewijslijn principle is used to determine which party in a legal dispute has the responsibility to provide evidence to support their claims.

Under this principle, the burden of proof is initially on the party making a positive claim. For example, if a defendant claims that a plaintiff has committed a crime, the defendant must provide evidence to support this claim. If the defendant fails to do so, the plaintiff is presumed innocent.

However, if the claim is negative, meaning it denies something, the burden of proof shifts to the party making the negative claim. For instance, if a plaintiff claims that a defendant did not commit a crime, the plaintiff must provide evidence to support this claim. If the plaintiff fails to do so, the defendant is presumed guilty.

The tegenbewijslijn principle is designed to ensure a fair and balanced approach to legal disputes, giving each party a chance to present evidence and argue their case. It is a fundamental aspect of Dutch legal procedure and is used in various types of legal proceedings, including criminal trials, civil cases, and administrative hearings.