This means that in criminal proceedings, the burden of proof lies with the prosecutor. The defendant is not obliged to prove his innocence, he may even remain silent, and this cannot be held against him.
However, we must always bear in mind that judges are human beings too, and it is only natural for them to think that someone who is innocent will not remain silent but will try to defend themselves.
"Those who remain silent do not say yes, but they certainly do not say no."
In criminal law, this can be translated as follows: those who remain silent do not admit their guilt, but they certainly do not deny the charges.
Therefore, if we are innocent, we should avoid choosing the tactic of remaining silent.
