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Which of the following is true in most criminal law?

  1. Assumed guilty until proven innocent

  2. The onus is on the accused to prove innocence

  3. The onus is on the complainant to prove guilt

  4. The burden of proof is on both parties to the offence

The correct answer is: The onus is on the complainant to prove guilt

In most criminal law systems, the principle that is commonly upheld is that the burden of proof lies with the complainant or prosecutor, meaning it is their responsibility to provide sufficient evidence to establish the guilt of the accused. This reflects the foundational legal principle that one is considered innocent until proven guilty. It safeguards individuals against wrongful convictions by ensuring that the state must demonstrate the accused's guilt beyond a reasonable doubt. While other options may suggest varying interpretations of the legal process, they do not accurately represent the established norms of criminal law. The focus on the complainant's obligation to prove guilt is crucial for maintaining a fair and just legal system.