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NeCede's

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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