FOREWORD
“If you would be a real seeker after truth, it is necessary that at least once
in your life you doubt, as far as possible, all things.” (Rene Descartes)
What is doubt and what kind of feeling is doubt? Should a judge being
an independent arbiter not be doubtful for the most time of the trial?
Nonetheless, is the judge not required to decide at the end? How can a
judge decide if in doubt, and can a judge remain in doubt despite all?
The criminal procedure principle in dubio pro reo-when in doubt in favour
of the defendant- and the standard that the guilt shall be proven beyond
reasonable doubt deal with the doubt, so their essence and use could
probably throw some light on the above questions.
Whilst in dubio pro reo principle is common for most of the continental
law countries, the standard of beyond reasonable doubt developed in the
Anglo-Saxon world, but it has been ‘recently’ introduced on the continent
as well. Nowadays, the two can have very similar, if not identical, effect
and probably could have had it at different stages in the past as well. It
does not mean the origin and the circumstances in which the two emerged
and developed were the same. Yet, most scholars would probably agree
that today both of them reflect the realistic tendency of any conscientious
person or a good society to protect themselves from injustice because the
purpose of the overall criminal justice to punish the guilty at the same
time has the other side, acquitting the innocent.
By comparing the two one can notice that unlike the standard of proving
the guilt beyond reasonable doubt by the prosecution, which is applied in
the end of the trial once the court has heard and seen all the evidence
and is to decide on the guilt (or innocence) of the defendant, the in dubio
pro reo principle literally does not restrict the moment of its application.
Therefore, some may argue that in dubio pro reo has wider application
and can be used in all stages of the criminal procedure, such as the stage
when the court decides on imposing detention or when it accepts or
rejects the Indictment, etc. However, given the fact that a judge can be
doubtful during the trial, moreover, even prior to the trial, a question
arises whether a judge should always apply the principle of in dubio pro reo
and decide in favour of the defendant by halting the criminal procedure?
Certainly not. Instead, the judge shall decide whether the prosecution has
met the other necessary standards for undertaking certain investigative
measures, restrictions and charges, such as the standard of reasonable
suspicion that the defendant has committed the crime. Moreover, the
domestic LCP requires that the court applies the principle of in dubio pro
reo only when decides whether facts exist or not, which the court decides