C O M P A R AT I V E S T U D Y
to the opinion that the art piece is fake. There are situations when there
is not one but many opposites. In such a case, it is improbable that the
person would believe in all opposites that caused the reasonable doubt
unless there is evidence that would lead him/her to be inclined to a
particular opposite. However, the person will surely distance themselves
or will fully abandon the thing that is uncertain about.
The standard that the guilt shall be proven beyond reasonable doubt already
places the doubt in a position to benefit the defendant’s innocence because
the doubt is in the guilt. So, if there is a reasonable doubt in the guilt of the
defendant, it is natural for one to incline towards the opposite, and that
is defendant’s innocence. Nonetheless, as afore mentioned, the principle
of in dubio pro reo can also apply to the guilt. Namely, if at the end of
the trial and after evaluating the evidence the judge doubts whether the
facts that define the crime exist, the judge, in fact, doubts the defendant’s
guilt. Hence, even though the principle in dubio pro reo does not require
acquittal per se, but requires a decision which is more favourable for the
defendant, if the judge doubts the defendant’s guilt, then it is logical for
him to be inclined to the opposite, and that is the innocence.
Until ‘recently’, however, and throughout most parts of Europe, the
investigative judge was the one who lead the investigation, and, in search
of material truth, he/she collected and presented evidence both against
and in favour of the defendant. The evidence was then presented before
the trial judge, who also searched for material truth and had the authority
to propose evidence in order to reach for the truth. So, the judge who had
the authority and obligation to present all possible evidence in order to
reach for the truth, all of a sudden and “just” because of the doubt, had to
decide in favour of the defendant. These two issues hardly go along. Not so
much because of the obligation of the court to search for the truth (because
the truth to a certain extent can be identified with the word certainty,
i.e evidence that will eliminate any possibility of reasonable doubt), but
because of the court’s authority to introduce evidence which will aim for
that truth. The latter did not really entitle the judge to doubt, meaning
it restricted the judge’s obligation to decide in favour of the defendant. If
the judge would admit that he/she was in doubt, it would mean that he/
she did not search for the truth at the right place (and failed to present
the right evidence). It is superfluous to mention the possible feeling of
guilt of the judge for acquitting the alleged perpetrator only because the
judge had (certain) doubt. As mentioned afore, staying in a state of doubt
is unnatural, and a person will either incline on the opposite or will find
the doubt unreasonable and will accept as the truth what they originally
doubted. Perhaps a person will not accept it as the ultimate truth but will
accept it as a greater truth than the other truth. So, since the judge was
the seeker after the truth, he/she should decide where to search for it.
9