Doubt in Favour of the Defendant, Guilty Beyond Reasonable Doubt
to apply the legal provisions which refer to in dubio pro reo. That is visible
in the Supreme Court of Croatia rationales below:
The non-implementation of Article 3 para. 2 of LPC, i.e. the
principle of in dubio pro reo the accused defined as a major violation
of the provisions of the criminal procedure which, in the opinion
of the court did not take place. Namely, the application of this
principle is closely linked to establishing and evaluating the facts
which constitute a criminal offence, i.e. on which the application
of certain provision of criminal legislation depends. In essence, this
is an objection of factual nature and not an objection about the
major violation of the provisions of criminal procedure.362
And:
As part of the essential violations of criminal procedure as grounds
for appeal, the defendant points out that the court did not apply
the principle in dubio pro reo, thus clearly pointing to a substantial
violation of the criminal procedure. However, contrary to these
appeal arguments, in this particular case, there was no violation of
Article 3, paragraph 2 of the LPC, because, after the presentation
of evidence, none of the relevant facts remained in doubt, which is
why there was no need for the application of this provision.363
Hence, it is obvious why parties invoke violations to the principle of in
dubio pro reo in its pure form only in exceptional cases. Instead, parties
use other grounds for appeal such as the violation of the right to defence
as a substantive procedural violation, or violation of the Criminal Code or
wrongly established factual situation.
362
363
90
Supreme Court of Croatia, Judgment I Kž-827/05-5, 07.11.2007.
Supreme Court of Croatia, Judgement I Kž-125/07-6, 17.04.2007.
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