Burden of proof

Legal meaning

The burden of proof is allocated not only according to the capacity of claimant or respondent, but according to which party derives a legal consequence in its favor from each specific fact. Statutory presumptions and special provisions may affect the burden of proof. Admitted facts and facts known to everyone, on the other hand, are assessed separately within the framework of Articles 187–188 of the Code of Civil Procedure (HMK) as to whether they need to be proved.

The burden of proof and the burden of producing evidence are not the same. A party may need to present evidence at the outset; however, if the fact cannot be proved at the end of the proceedings, who bears the risk is determined by the burden of proof. Evidence obtained unlawfully cannot be used as the basis of a judgment.

The party relying on a statutory presumption must prove the fact that forms the basis of the presumption. Unless the law provides otherwise, the opposing party may prove the contrary of the presumption (HMK Article 190). This distinction does not mean that the burden of proof is placed on one party once and for all and unchangeably for the entire dispute.

Key elements and practical criteria

• It is determined separately for each fact.
• The party deriving a legal consequence in its favor is the starting point.
• Statutory presumptions may change the allocation.
• It shows who bears the consequence of failure to prove.

Practical importance

In petitions, the facts must be set out clearly and each fact must be linked to appropriate evidence. A wrong strategy of proof may result in an event that actually took place not being able to be proved before the court.

Commonly confused concepts

• The burden of proof is the risk of uncertainty; the burden of producing evidence concerns presenting the evidence properly and on time.
• The standard of proof expresses the level of conviction at which the judge regards a fact as established.

Practical example

A debtor who claims that a debt has been paid must, as a rule, prove the payment by appropriate evidence, since the payment is a fact from which the debtor derives a consequence in the debtor’s own favor.

Frequently asked questions

Is the burden of proof always on the claimant?

No. It is determined by which party derives a consequence in its favor from the relevant fact and by any special statutory provision.

May the judge collect, of his or her own initiative, evidence the parties have not submitted?

In actions where the principles of party disposition and party presentation apply, the judge’s role is limited; provisions specific to the type of action are examined separately.