Burden of proof

The burden of proof allocates responsibility for proving legally relevant facts. It has a practical consequence: if the evidence leaves a decisive fact unproven, the party bearing the burden usually loses on that point. In Swiss civil law, the basic approach is that a party must prove the facts from which it derives rights, subject to statutory presumptions and special rules. In criminal cases, the prosecution bears the burden of proving guilt, reflecting the presumption of innocence. Administrative proceedings may involve official fact-finding, but parties often retain duties to cooperate. Burden of proof is distinct from the standard of proof, which concerns how convincing the evidence must be.