Ei incumbit probatio qui dicit, non qui negat

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Ei incumbit probatio qui dicit, non qui negat is a Latin phrase which means "the burden of the proof lies upon him who affirms, not he who denies".[1] The phrase is a legal maxim in criminal law relevant to a presumption of innocence and indicates the legal burden of proof falls upon the prosecution making the charge and not the defendant.

Generally speaking, in Western nations, a verdict or guilty or not guilty is given. However, in Scottish law, a verdict of guilty, not guilty, and "not proven" is possible.