In dubio pro reo
Encyclopedia
The principle of in dubio pro reo (Latin
for "when in doubt, for the accused") means that a defendant may not be convicted by the court when doubts about his or her guilt remain.
It is often used specifically to refer to the rule of interpretation that dictates that when a criminal statute allows more than one interpretation, the one that favours the defendant should be chosen.
, Article 6 ECHR, as well as § 261 Code of Criminal Procedure. The principle has constitutional status.
The main principle in the sentence was part of Aristotle
's interpretation of the law and shaped the Roman law
. However, it was not spelled out word for word until the Milanese jurist Egidio Bossi (1487–1546) related it in his treatises. The common use of the phrase in the German legal tradition was documented in 1631 by Friedrich Spee von Langenfeld.
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
for "when in doubt, for the accused") means that a defendant may not be convicted by the court when doubts about his or her guilt remain.
It is often used specifically to refer to the rule of interpretation that dictates that when a criminal statute allows more than one interpretation, the one that favours the defendant should be chosen.
In German law
The principle is not normalized in the German law, but is derived from Article 103(2) GGBasic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...
, Article 6 ECHR, as well as § 261 Code of Criminal Procedure. The principle has constitutional status.
The main principle in the sentence was part of Aristotle
Aristotle
Aristotle was a Greek philosopher and polymath, a student of Plato and teacher of Alexander the Great. His writings cover many subjects, including physics, metaphysics, poetry, theater, music, logic, rhetoric, linguistics, politics, government, ethics, biology, and zoology...
's interpretation of the law and shaped the Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
. However, it was not spelled out word for word until the Milanese jurist Egidio Bossi (1487–1546) related it in his treatises. The common use of the phrase in the German legal tradition was documented in 1631 by Friedrich Spee von Langenfeld.
See also
- Presumption of innocencePresumption of innocenceThe presumption of innocence, sometimes referred to by the Latin expression Ei incumbit probatio qui dicit, non qui negat, is the principle that one is considered innocent until proven guilty. Application of this principle is a legal right of the accused in a criminal trial, recognised in many...
- Precautionary principlePrecautionary principleThe precautionary principle or precautionary approach states that if an action or policy has a suspected risk of causing harm to the public or to the environment, in the absence of scientific consensus that the action or policy is harmful, the burden of proof that it is not harmful falls on those...
- In dubio mitius
- In dubio pro duriore