Doubt in Favour of the Defendant, Guilty Beyond Reasonable Doubt
From the above two perspectives, the doubt can be external and internal.
The external doubt is the one that opposes the hypothesis of the prosecutor
with an alternative view which does not have the characteristic of a mere
logical possibility or ad hoc hypothesis, but the character of practical
rationality and feasibility. On the other hand, the internal doubt is related
to the case of self-contradictoriness of the hypothesis of the prosecutor or
to its inability (or failure) to demonstrate the defendant’s responsibility. In
other words, even if the defendant did not present any piece of evidence
in his favour and remained silent throughout the entire proceedings, the
principle of in dubio pro reo imposes the decision maker to resolve the
doubtful situation in favour of the defendant.
An example of internal doubt is elaborated below by the Appellate Court
Stip deciding upon an appeal raised by the prosecution: The discovered
narcotics in the house of the defendant is not a reliable evidence to determine
the criminal responsibility of the defendant for the crime ‘Unauthorized
manufacture and sale of narcotic drugs, psychotropic substances and
precursors’ (…).337
In this case the Appellate Court confirmed the first instance judgement
which released the defendant from charges, finding that:
(…) less than 50 grams of marijuana found during the search in the
defendant’s home does not represent sufficiently reliable evidence
on the basis of which the criminal responsibility of the defendant
for the criminal offense he is charged for cannot be determined.
None of the evidences presented at the main hearing could establish
with certainty that the found narcotic drug was intended for sale,
especially when facts were established that the defendant was a
long-time registered drug addict and that in the respective period
he was undergoing methadone therapy. The statement of the
medical expert witness confirmed that the relevant narcotic drug
was for personal use, given the fact that in the respective period
the defendant had his methadone therapy reduced, and he really
needed to consume marijuana; according to the expert, it was
normal for him to smoke 5 cigarettes a day. The defence that the
relevant narcotic drug - marijuana was purchased for personal use
was corroborated with the determined facts and circumstances
at the main hearing, that during the search, the drug - marijuana
was found in a prominent place - over the washing machine in
the bathroom and the fact that several butts from handmade
cigarettes were found in the defendant’s home; they were a
mixture of tobacco and dried, crushed tips and leaves of cannabis
plant, but also the fact that during the analysis of the defendant’s
urine sample presence of metabolites and tetra-hydrocannabinol
- a psychoactive substance contained in the plant cannabis, was
detected.. In such a situation of established facts, as well as in case
of absence of evidence proving that the defendant kept the subject
337
78
Court of Appeal – Stip, Judgment No. KZH – 457/2013.
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