Presumption of Innocence & In Dubio Pro Reo in Spanish Law

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.