Latin Legal Terms

Ei incumbit probatio qui dicit, non qui negat

Ei incumbit probatio qui dicit, non qui negat – this Latin phrase literally means “the burden of proof lies with the one who pretends, not with the one who denies”. In the legal practice, it applies in the area of Criminal Law. There it refers to the principle of innocence, stating that no one is guilty, but always considered as innocent until their guilt has been proved with a binding decision, entered in force by the Criminal court. In other words, the burden of proof for the committed crime stays on the side of the prosecution. In addition, in the Civil Law, it refers to the legal principle that the plaintiff should prove their claim and respectively their pretention, with evidences that support it. The plaintiff is the one who usually holds the burden of proof of their claim.

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