At least where I live (The Netherlands) for civil matters it is, as far as I know, about which story the judge finds most plausible. In a criminal case, if the

At least where I live (The Netherlands) for civil matters it is, as far as I know, about which story the judge finds most plausible. In a criminal case, if the defendant remains silent then it is up to the prosecution to present enough evidence. In a civil case, any argument made by the plaintiff that is not rejected or corrected can be accepted as true. Of course, legal systems vary, but in general there is no right to remain silent during a civil case.