Who has to prove what in an Irish civil or criminal case?
“Who must prove it?” and “How convincing must the evidence be?” are separate questions. In Ireland, an ordinary civil claim generally uses the balance of probabilities, while a criminal conviction requires proof beyond reasonable doubt; particular claims and defenses can change where the burden falls.
Questions you could explore
- Why would a different outcome in civil and criminal proceedings not automatically mean one court ignored the evidence?
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- European Judicial Network / European e-Justice PortalTaking of evidence: Ireland
Explains the Irish civil rules, including claims, defenses and exceptions. The specific issue matters; the general rule does not put every burden on the same party.
- Office of the Director of Public Prosecutions, IrelandDecision to Prosecute
Explains why a criminal prosecution needs evidence capable of establishing guilt beyond reasonable doubt. A decision to prosecute is separate from a verdict.
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