In dubio pro reo
When in doubt, favor the accused.
The principle of in dubio pro reo provides that any doubt as to the guilt of the accused must be resolved in the accused’s favor. This results in an acquittal where the evidence is insufficiently convincing.
In dubio pro reo is a fundamental principle of criminal law stipulating that any uncertainty as to the facts or the guilt of the accused must be resolved in the accused’s favour. It ensures that no person is convicted so long as reasonable doubt remains as to his or her guilt.
The principle is of paramount importance in safeguarding the accused against wrongful convictions and constitutes an essential component of a fair criminal trial. It is firmly rooted in Dutch case law and is consonant with Article 6 ECHR.
In practice, the court applies the principle by subjecting the evidence to rigorous scrutiny; where doubt persists, acquittal follows, even if some suspicion remains.
“The judge applied the principle of in dubio pro reo and acquitted the defendant because the evidence was not entirely convincing.”
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