The “in dubio pro reo” principle in indictments

Abstract

This article examines the application of the in dubio pro reo principle at the indictment stage, particularly regarding the requirement of judicial reasoning and the exclusion of qualifying circumstances whose existence has not been established by the evidence produced. It argues that the indictment decision, even when regarded as a decision on the admissibility of the prosecution, must be duly reasoned, indicating the factual and legal grounds supporting the judge’s conclusion. The application of the in dubio pro societate principle is rejected as incompatible with the presumption of innocence, since reasonable doubt concerning liberty must always be resolved in favor of the defendant, rather than transferred to the Jury Court.