Doubt in Favour of the Defendant, Guilty Beyond Reasonable Doubt committed the offense charged. To express the requisite standard of proof, common lawyers speak of the prosecutor’s duty to prove his case beyond a reasonable doubt. And Continental lawyers invoke the maxim in dubio pro reo – a precept requiring triers of fact to acquit in cases of doubt.249 The legislative provisions stipulating presumption of innocence are numerous and can be found in different juridical systems. For instance, the  Charter of Rights and Freedoms of Canada states: “Any person charged with an offence has the right (…) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal”.250 The Constitution of Colombia states that “Every person is presumed innocent until proven guilty according to the law”.251 In France, Article 9 of the Declaration of the Rights of Man and Citizen of 1789, which foresees the principle of presumption of innocence, is still in force as constitutional law. In Iran, the Constitution states: “Innocence is to be presumed, and no one is to be held guilty of a charge unless his or her guilt has been established by a competent court”.252 In Italy, the Constitution states: “A defendant shall be considered not guilty until a final verdict has been issued.”253 In Romania, the Constitution states that “any person shall be presumed innocent until found guilty with a final decision of the court.”254 The LPC of Serbia states that “Everyone is considered innocent until proven guilty with a final decision of the court.”255 The LCP of Bosnia and Hercegovina reads: “A person shall be considered innocent of a crime until guilt has been established with a final verdict”.256 249 See George P. Fletcher, Two Kinds of Legal Rules: A Comparative Study of Burden-of-Persuasion Practices in Criminal Cases, 77 Yale L. J. 880, 916-917 (1967-1968) p. 880 (internal citations omitted) (hereinafter “Fletcher”). In his comparative study of the US and Germany, Fletcher analyzed the German system of criminal liability, explaining that defensive issues, such as self-defence or insanity, are considered as “unavoidable steps in the process of determining guilt.” He concluded that all claims which have a bearing on the accused’s guilt or innocence are an integral consideration in the overall evaluation of the case. As a result, the prosecutor bears the risk of residual doubt on all of the issues. 250 Charter of Rights and Freedoms of Canada, Section 11(d), http://laws-lois.justice.gc.ca/eng/Const/ page-15.html (last accessed 23 November 2016). 251 Constitution of Colombia, Title II, Chapter 1, Article 29, http://confinder.richmond.edu/admin/ docs/colombia_const2.pdf (last accessed 23 November 2016). 252 Constitution of Iran, Article 37, http://www.iranonline.com/iran/iran-info/government/ constitution-3.html (last accessed 23 November 2016). 253 Constitution of Italy, Article 27, paragraph 2, http://www.quirinale.it/qrnw/costituzione/pdf/ costituzione_inglese.pdf (last accessed 23 November 2016). 254 Constitution of Romania, Article 23, http://www.wipo.int/edocs/lexdocs/laws/en/ro/ro021en.pdf (last accessed 23 November 2016). 255 LCP of Serbia, Article 3, Official Gazette 72/11, 101/11. 256 LCP of Bosnia and Hercegovina, Official Gazette no. 3/03, 32/03, 36/03, 26/04, 63/04, 13/05, 48/05, 46706, 76/06, 29/07, 32/07, 53/07, 76/07,15/08, 12/09, 16/09, 93/09, 72/13; LCP of Federation of Bosnia and Hercegovina, Official Gazette 35/03, 37/03, 56/03, 78/04, 28/05, 55/06, 53/07, 9/09, 12/10, 8/13, 59/14; LCP of Brčko District, Official Gazette 10/03, 48/04, 6/05, 12/07, 14/07, 21/07, 2/08, 17/09, consolidated text 33/13, 27/14; LCP of Republika Srpska, Official Gazette 50/03, 111/04, 115/04, 29/07, 68/07, 119/08, 55/09, 80/09, 88/09, 92/09, 100/09, consolidated text 53/12; Article 3. 56