Ei incumbit probatio qui dicit, non qui negat

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Ei incumbit probatio qui dicit, non qui negat is a Latin phrase which means "the burden of the proof lies upon him who affirms, not him who denies".[1] The phrase is a legal maxim in criminal law relevant to the presumption of innocence and indicates the legal burden of proof falls upon the prosecution making the charge and not the defendant.

Generally speaking, in Western nations, a verdict or guilty or not guilty is rendered in criminal proceedings. However, in Scottish law, three verdict outcomes are possible: guilty, not guilty, or "not proven".

References

  1. [1]
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