{"id":17142,"date":"2022-05-28T18:54:02","date_gmt":"2022-05-28T16:54:02","guid":{"rendered":"https:\/\/dev.penalex.ch\/uncategorized\/what-does-in-dubio-pro-reo-mean\/"},"modified":"2022-09-20T22:42:47","modified_gmt":"2022-09-20T20:42:47","slug":"what-does-in-dubio-pro-reo-mean","status":"publish","type":"post","link":"https:\/\/dev.penalex.ch\/en\/faq-criminal-law\/what-does-in-dubio-pro-reo-mean\/","title":{"rendered":"What does “in dubio pro reo” mean?"},"content":{"rendered":"\n

What is the translation of in dubio pro reo?<\/em><\/h2>\n

In dubio pro reo<\/strong> is a Latin adage that translates into French as“when in doubt, the judge must rule in favor of the accused<\/em>.<\/p>\n

In dubio pro reo<\/em>, we also often speak of “\n benefit of the doubt<\/em>\n<\/strong>“or the fact that “\n doubt must benefit the accused<\/strong>\n<\/em>“.<\/p>\n

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.<\/p>\n

How does in dubio pro reo<\/em> apply in criminal law?<\/h2>\n

This is primarily a rule about the burden of proof and the evaluation of evidence.<\/p>\n

As a rule governing the burden of<\/strong> 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.<\/p>\n

As a rule related to theconsideration of evidence<\/strong>the principle in dubio pro reo<\/em> 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.<\/p>\n

Which article of Swiss law is the basis for in dubio pro reo<\/em>?<\/h2>\n

In dubio pro reo<\/em> is derived from the more general principle of the presumption of innocence<\/strong>, according to which all persons are presumed innocent until convicted by a judgment that has come into force <\/em>and which is enshrined in Article 10 of the Swiss Code of Criminal Procedure (CCP)<\/p>\n

Article 10 al. 3 CPP concerns more specifically the principlein dubio pro reo<\/em> and provides that: “. \n 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<\/strong>\n<\/em> “.<\/p>\n

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<\/em>“.<\/p>\n

What is the purpose of the in dubio pro reo<\/em> principle?<\/h2>\n

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<\/strong>.<\/p>\n

And this is not a peculiarity of Swiss law. All legal states, whether they apply continental law or common law<\/em> rules, are familiar with this cardinal principle of criminal procedure, which is also enshrined at the international level. <\/p>\n

Indeed, at the international level, article 14 paragraph 2 of the International Covenant on Civil and Political Rights<\/strong> provides that:“everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law<\/em>“.<\/p>\n

As for the European Convention on Human Rights<\/strong>, its art. 6 \u00a7 2 also provides that:“everyone charged with a crime shall be presumed innocent until proved guilty according to law<\/em>“.<\/p>\n

In conclusion, as Voltaire<\/strong> said in 1748, in his Zadig: “.\n it is better to risk saving a guilty man than to condemn an innocent man<\/i>\n<\/strong>“. In any case, this is what we are convinced of and what we fight for every day at Penalex Avocats. <\/p>\n

 <\/p>\n

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