Criminal Law
Burden of Proof
The burden of proof determines who must prove their case and to what standard. In criminal law, the state must prove guilt beyond a reasonable doubt. In civil matters, the standard is a balance of probabilities.
Legal Definition
The obligation to adduce evidence sufficient to satisfy the court. In criminal law: the prosecution bears the burden of proving every element of the offence beyond a reasonable doubt. In civil law: the plaintiff must prove their claim on a balance of probabilities (more likely than not — over 50%).
📖 Constitutional / Statutory Basis: Section 35(3)(h) (presumption of innocence), Constitution of the Republic of South Africa, 1996; Criminal Procedure Act 51 of 1977
Practical Example
In an assault trial, the prosecution must prove beyond a reasonable doubt that you committed assault. If any reasonable doubt exists, you must be acquitted. This is far more demanding than the civil standard.
Frequently Asked Questions
What does "beyond a reasonable doubt" mean?
The prosecution's evidence must eliminate all reasonable hypotheses of innocence. It does not mean absolute certainty — but a doubt that any reasonable person would entertain.
Can the accused bear a burden of proof?
Yes, in certain circumstances — e.g., provocation, necessity, or mental illness defences may require the accused to raise evidence. But the prosecution still bears the ultimate burden of disproving defences beyond a reasonable doubt.
What is the civil balance of probabilities?
The plaintiff must show it is more probable than not (>50%) that their version of events is true. Whichever party's version is more probable on the evidence wins.
Related Terms
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