The burden of proof in criminal matters and the standard thereof

01 June 2023 205

During criminal proceedings the state, which is the National Prosecuting Authority shall outline the charges the accused is facing and the latter mentioned shall plead accordingly in that regard. Thereafter the state shall proceed to lay a prima facie case and produce and/or lead evidence in that regard in order to prove their case beyond reasonable doubt to the court.

The defence (accused) basically does not have to prove anything to the court as such onus rests upon the state. Usually an accused would want to go overboard in proving his innocence to an extent that he/she later on ends up incriminating him/herself in the process which might lead to conviction. 

Should the court find that the state failed to lay a prima facie in the beginning and/or alternatively failed to prove the guilt of the accused beyond reasonable doubt, the court shall acquit or find the accused not guilty.

In simple terms, the ‘beyond reasonable doubt’ burden of proof simply refers to the court having to believe the state beyond beyond doubt which is reasonable in the public eye. 

 

Please note: This article is for general public information and use. It is not to be

considered or construed as legal advice. Each matter must be dealt with on a case

by case basis and is it hereby advisable to consult a legal practitioner should you have a similar

matter.

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