Maxim 12.4.6
When there is doubt, the accused is to be acquitted.
Cum in dubio est, reus est absolvendus.
Source: Dig. 50, 17, 125; cf. 1 Hale P.C. 310
Difficulty 1/5 — Foundational
Explanation
The foundational rule of criminal law — doubt belongs to the accused, and the state bears the full weight of proof.
Where this applies
- There's reasonable doubt about my guilt and I should be acquitted.
- The prosecution hasn't proven their case beyond doubt so I should go free.
- When there's doubt, the accused must be acquitted.
Legal domains
See also
Cite this maxim
NeCede Max. 12.4.6 — When there is doubt, the accused is to be acquitted. — Dig. 50, 17, 125; cf. 1 Hale P.C. 310 (Cum in dubio est, reus est absolvendus.)
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