What is the translation of in dubio pro reo?
In dubio pro reo is a Latin adage that translates into French as“when in doubt, the judge must rule in favor of the accused.
In dubio pro reo, we also often speak of “ benefit of the doubt “or the fact that “ doubt must benefit the accused “.
But be careful, it is not a question of any doubt of fact or law, but only of a doubt concerning the existence or non-existence of a fact.
How does in dubio pro reo apply in criminal law?
This is primarily a rule about the burden of proof and the evaluation of evidence.
As a rule governing the burden of proof, it means that, at the trial stage, the burden of proof (i.e., who must prove the offence) is on the prosecution and that doubt must benefit the accused.
As a rule related to theconsideration of evidencethe principle in dubio pro reo means that the criminal judge must not declare himself convinced of the existence of a fact unfavourable to the accused if, from an objective point of view, there are serious and insurmountable doubts as to the existence of the admitted facts.
Which article of Swiss law is the basis for in dubio pro reo?
In dubio pro reo is derived from the more general principle of the presumption of innocence, according to which all persons are presumed innocent until convicted by a judgment that has come into force and which is enshrined in Article 10 of the Swiss Code of Criminal Procedure (CCP)
Article 10 al. 3 CPP concerns more specifically the principlein dubio pro reo and provides that: “. Where there are insurmountable doubts as to the factual elements justifying a conviction, the court shall base itself on the state of facts most favorable to the accused “.
The Federal Constitution also provides rules related to the presumption of innocence. Thus, its art. 32 al. 1 Cst provides:“Every person is presumed innocent until he is the subject of a conviction that has come into force“.
What is the purpose of the in dubio pro reo principle?
Any innocent person who has been wrongly accused instinctively understands the purpose of this principle. The basic idea is that it isbetter to clear a guilty person than to condemn an innocent one.
And this is not a peculiarity of Swiss law. All legal states, whether they apply continental law or common law rules, are familiar with this cardinal principle of criminal procedure, which is also enshrined at the international level.
Indeed, at the international level, article 14 paragraph 2 of the International Covenant on Civil and Political Rights provides that:“everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law“.
As for the European Convention on Human Rights, its art. 6 § 2 also provides that:“everyone charged with a crime shall be presumed innocent until proved guilty according to law“.
In conclusion, as Voltaire said in 1748, in his Zadig: “. it is better to risk saving a guilty man than to condemn an innocent man “. In any case, this is what we are convinced of and what we fight for every day at Penalex Avocats.
