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On In Dubio Pro Reo

Posted on:2013-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:H Q DouFull Text:PDF
GTID:2246330374481297Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In dubio pro reo, refers to the favorable conclusions which should be made to the defendant when there are doubts diffcult to handle in identifying the substance criminal fact during the criminal procedures.Nowadays, the researches to in dubio pro reo in China are unsystematic and do not receive sufficient attention yet.Furthermore, there si misreads to this principle to a certain extent.Even though people from the justice practical field who actually do not know much about this principle will use the principle to settle cases, which causes the application unstandardization. However, it is undoubted that in dubio pro reo is extremely significant to criminal justice since it almost applies to the settlement of all the cases with doubts. And these cases with doubts are very common in criminal justice. In view of the above-mentioned reasons,it is the aim of this paper to do necessary researches to in dubio pro reo with the expectation of clarifying the relative knowledge and standardizing the practices.This paper consists of four chapters. Chapter One is Introduction which briefly introduces to the history of in dubio pro reo, and clarify the reasonable explanation of the Chinese translation to understand the limit of the application of the principle. Then introduces the basic definition and points out that it is a judgment principle which essentially guides the judges how to make a decision when no assurance is formed with its double attribute of substance and procedure. Meanwhile,this chapter makes comparisons between the principle and some principle or rules, such as the innocence presumption,suspected as innocent and objective liability of certification.Points out their differences even though they are closely related. Then analyses the legitimation of favorable conclusion to defendants with doubts from three aspects——procedural justice, the defendant subject of litigation status,and judicial proving and evidence referee principle.Chapter Two focuses on the application aspects of in dubio pro reo which enjoys the best theoretical and practical values from two aspects:application premise and consequence.As for the application premise, this chapter points out that this principle applies to the situation when reasonable doubts exist in the substance facts related to punishment fits the crime, but does not apply to the clarification of pure law-related doubts or the situation when suspects exist in the procedure facts. At the same time. the chapter explains how to identify reasonable doubts. whose processes will be limited by reasonable deduction and Call not break the law of experience or the science rule. As for the application consequence, this chapteranalyses the advantages to the defendants under four situations when the facts have doubts between guilty and innocence, several crimes and one crime, felony and misdemeanor,and have doubts in heavier punishment, lighter punishment and mitigation of penalty below minimum statutory prescript. However,the degree of these advantages is limited by the explicit regulation of the law. At last discusses the alternative conviction briefly.Alternative conviction refers to the application of the lighter punishment, with the consideration of fairness and avoiding improper innocence decision,to the defendant. Alternative conviction is an exception or limitation of in dubio pro reo.Chapter Four is devoted to the procedures of the application of the principle,which is consisted of the obligations of judges and rights of the accused to limit the right of discretion.The last chapter gives two examples of the application of the principle, which are related with the theory of causality and attribution,and the sin identified,in order to guide practice.
Keywords/Search Tags:in dubio pro reo, judgment principle, alternative conviction, application ofthe principle
PDF Full Text Request
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