论存疑有利被告原则的适用.pdfVIP

Abstract In dubio pro reo is that the court cant exclude doubt of facts after exhaust evidence rule as to the cognizance of substantive crime facts during the criminal trial activities, and then the court should make favorable recognition to the defendant. Referred to principle, what is most controversial is the scope of application in the criminal law theory of our country. Basically, the dispute is the following two aspects. The first is whether the principle would be applicable or not when legal doubts happen. The second is whether the principle should be applied when doubts happened in facts of procedural law. Actually, in dubio pro reo can only be used to resolve the doubt of fact, but not the law. When the use of law is suspected, legal interpretation should be applied. As to the doubt of procedural law fact , it can be solved with the use of free evaluation of evidence by the judge, rather than the application of in dubio pro reo . In dubio pro reo has severe restrictive condition in the application of particular cases. Specifically, the suspectable facts must be the elements of crime and affect punishment and sentencing and the doubt should base on reasonable objective facts. The element of reasonable doubt should be according to the standpoint of public, not of the individual idea of judge. The application of this rule should be after evaluation rules. If the court can prove the crime by the use of the latter, and so as to rule out the doubt, the former should not be applied. The applicable scope of in dubio pro reo principle lies in the doubts of substantive crime facts. In particular, it is mainly available for the establishment of crime (such as causality, the objective imputation, intent and negligence and joint offence, etc.) and quantity-in-crime, punishment of cri