Pregledni rad
https://doi.org/10.54070/hljk.30.1.3
Fundamental Challenges in the Application of the Rule in Dubio Pro Reo: Scope, Time of Application, and Its Relation With Other Procedural Aspects
Iva Parenta
orcid.org/0000-0001-5599-205X
; Pravni fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska
Sažetak
Although the existence of the rule of in dubio pro reo in the modern criminal procedure is well known, its application still faces certain difficulties. This paper seeks to provide an interpretation of this rule with an emphasis on controversial issues that appear in everyday legal practice. The introductory part provides a brief historical overview of the origin of this rule, emphasising its importance. Subsequently, the scope of application of the in dubio pro reo rule is examined in relation to the factual matters to which it applies. The central part of the paper analyses the relationship between the rule of in dubio pro reo and the process of free evaluation of evidence as a prerequisite for its application, as well as the burden of proof in the context of the court’s duty to correctly and fully determine the factual situation. Furthermore, the interaction between the in dubio pro reo rule and the presumption of the accused’s innocence is examined. Considering the limitation of this rule to factual issues and thus its application in proceedings where courts are able to present evidence, evaluate it, and establish facts, i.e in proceedings before regular courts, the paper further examines this rule in the context of the constitutional and convention right to a reasoned decision. The last part of the paper contains concluding remarks.
Ključne riječi
Hrčak ID:
313004
URI
Datum izdavanja:
30.11.2023.
Posjeta: 287 *