| 中文摘要 |
As a major rule of evidence that judicial authorities must abide by when ascertaining factum probandum of a criminal case, the principle of “in dubio pro reo” has been universally adopted by modern countries under their rule of law in dealing with criminal mysteries and it has also been expressly prescribed in the Criminal Procedure Law of the Peoples Republic of China. What is the definition of a doubtful crime? It is generally acknowledged that a doubtful case refers to a case in which there is considerable evidence to prove that the accused is highly suspected of having committed a crime but the collection of evidence does not produce the necessary degree of reliance and sufficiency and thus the accused cannot be affirmed to be the real criminal. “In dubio pro reo” refers to a legal presumption of innocence under circumstances where there is a debate in the criminal justice process because the suspect can be neither cleared of suspicion nor proven guilty. The principle Procedure Law of the People’s Republic of China and it has also played a role in practice. However, various phenomena still exist in judicial practice such as “presumption of guilt”, “giving the accused partial benefit of the doubt”, and “doubtful cases to be adjourned” due to the lack of unified understanding, complete changes in opinion and strong supporting systems, which has not only resulted in unfair decisions in individual cases but seriously affected the fairness of the entire criminal justice system. For this reason, even today when unprecedented achievements have been made about the rule of criminal law, it is necessary for us to complete a serious study on the principally of “in dubio pro reo” in order to aid society at large, especially public security organs, judicial authorities and their personnel to further unify ideas, enhance common views, and jointly devote themselves to safeguarding criminal justice and promoting the progress of the civilization of the rule of law. |
