摘要
在刑事诉讼中证明责任原则上应由司法机关承担 ,但随着诉讼的进展 ,在特定的条件下 ,局部的证明责任将由司法机关移转至被控有罪的被告人承担。证明责任转移的规定适用于被告人辩解其不在犯罪现场或不具有作案时间等八种情况。
In criminal litigation, the burden of proof should be on principle assumed by judicial organs. However, with the development of litigation, under a particular condition, the partial burden of proof will be transformed from judicial organs to the convicted defendant. The provisions of the shift of burden of proof are applied to eight situations such as the defendant denying being on the criminal spot or having no time to commit the crime.
