Where the opinions are equal, the defendant is acquitted.

Explanation

A divided court cannot condemn — when the tribunal is evenly split, the result is the same as if no judgment had been entered, and the defendant goes free.

Where this applies

• The panel of judges is split 3-3 — what happens to the defendant?
• The court is evenly divided on the verdict — the defendant goes free.

See also

• 8.6.4 The condition of the possessor is better, and that of the defendant better than the plaintiff's.
• 8.8.11 In doubt, always prefer the safer course.