Presumption of Innocence & In Dubio Pro Reo in Spanish Law
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listIn this article
lightbulbKey Takeaways
- check_circleBurden of proof on the accuser
- check_circleDoubt benefits the accused
- check_circleCircumstantial evidence
- check_circleConstitutional right
Quick answer
The presumption of innocence (Art. 24 of the Spanish Constitution) means the accused does not have to prove their innocence: it is the accuser (the prosecutor or private prosecution) who must prove guilt. If the evidence is insufficient, null or the witnesses contradict each other, the judge must acquit. The in dubio pro reo principle requires any reasonable doubt to be resolved in favour of the accused, since a conviction demands certainty. However, circumstantial evidence exists: several indicators logically pointing to the accused can support a conviction even if no one witnessed the act.
Need help with your case? Talk to a criminal defense lawyer at Alonso Sala.
It is the cornerstone of democracy and of Criminal Law (Art. 24 of the Spanish Constitution). "Everyone is innocent until proven otherwise by a final judgment". It sounds like a cliché, but it has very real and powerful legal consequences. Our specialist criminal lawyers can help you with your case.
The Burden of Proof
It means that YOU DO NOT HAVE TO PROVE YOUR INNOCENCE. It is the accuser (Public Prosecutor or private prosecution) who has to PROVE your guilt.
- If they fail to bring sufficient evidence...
- If their evidence is null or unlawfully obtained...
- If their witnesses contradict each other...
...then the Judge MUST acquit you. Not because you are "a good person", but because they have failed in their job of overcoming your presumption of innocence.
In Dubio Pro Reo: Doubt Benefits the Accused
It means "in case of doubt, in favor of the accused".
If the judge, after hearing the trial, thinks: "It was probably him, but I am not 100% sure", they MUST acquit. A conviction requires absolute certainty. Reasonable doubt always plays in favor of the defendant.
The Limit: "Circumstantial Evidence"
Be careful: a video of the crime is not always required for a conviction. There is such a thing as circumstantial evidence. If many indicators point to the defendant (fingerprints, proximity to the scene, motive, no alibi) and all of them logically converge on the defendant, a conviction can follow even if nobody actually witnessed the act.
Our Mission
As defense lawyers, our job is to plant that "reasonable doubt". We attack the credibility of the prosecution's evidence so that the presumption of innocence remains intact.
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