CONCEPTUAL DEFINITION OF THE BURDEN OF PROOF AND OTHER RELATED TERMS

Abstract

The paper examines the concept of burden of proof in the criminal proceedings and other related
terms that are similar but not same as burden of proof. Making the distinction between burden of
proof and terms like an evidential burden, standard of proof that might be a civil standard (I.
preponderance of evidence and II. Clear and convincing evidence) and a criminal standard (proof
beyond a reasonable doubt), the burden of persuasion, burden of going forward as well as the
concept of shifting of the burden of proof are main objectives of the paper. Those terms are
tightly related to the necessary court conviction about the guiltiness of the defendant.
In this paper, I will mostly concentrate in different standards in civil matters and criminal matters
and try to explain why the court procedure operates with a higher standard of proof in criminal
matters compared to the standard in civil matters.
The burden of proof is tightly related to the presumption of innocence and in dubio pro reo
principle. I will also try to make a co-relation among the burden of proof and these two
principles (the presumption of innocence and in dubio pro reo principle).