This principle legal It is used during the proceedings judicial penal. If the judge has reasonable doubts about the evidence that actually proves the culpability of the Author a crime, you must apply this principle and absolve him. It is a Latinism and comes from the right Roman.
It is a manifestation a right fundamental in constitutional judicial processes: the principle de presumption of innocence. “All person is innocent until proven guilty.”
La utility This principle es to guarantee un proceedings fair and comply with all procedural guarantees. Thus, for cases where the evidence is not sufficient, it will not be possible condemn guilty to person judged.
Features of in dubio pro inmate
The main essential notes of this principle are:
- Although I don't know treats of a standard legally expressed in the bar code penal, is considered as a standard imperative.
- It cannot be used to assess the experiment in favor of the accused, but not to condemn guilty to person which does not have the necessary evidence against it.
- This principle can only be used by judges and courts.
- Although it is a manifestation of the principle of innocence are not the same. The principle of innocence if it is included in a body normative and is a right fundamental.
- This principle forces to test acts by sufficient evidence and in such a way entity that demonstrate the culpability of the person judged.
- This is sometimes known as principleand principle de duda reasonable.
- It is only used when the information has not been distorted. presumption of innocence.
Principles of in dubio pro inmate
What principles is in dubio based on? pro inmate?
- Legality: This principle It has a clear meaning that brand all democratic states. No one can be court ni convicted If it has not been classified in the law behavior criminal and penalty associated at the time of committing the acts.
- Non-retroactivity penal: If a standard penal worsens the situation of a convicted, which was already court with other standard previous more beneficial, the new standard penal that worsens their situation will not apply to them. People are judged by their law valid at the time of committing the criminal acts.
Ultraactivity of special laws
It is normal that in the face of certain escalations violence, natural disasters or a sudden increase in certain specific crimes, legislators and politicians react by passing laws of emergency or temporary measures that toughen the penalties for those crimes that are considered to have increased or may increase, or penalizing behaviors that were not previously penalized. doctrine is divided on whether convictions and prosecutions based on these "ad hoc" laws are covered by the application of the law more benign.
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