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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

In Dubio Pro Reo

Fabián Raimondo

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 04 December 2021

Subject(s):
Customary international law — General principles of international law — Due process — International courts and tribunals, decisions — International courts and tribunals, powers — International criminal courts and tribunals, procedure

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 Criminal lawyers from all nations probably agree on the ordinary meaning of the legal maxim in dubio pro reo: the defendant must be given the benefit of the doubt. Yet differences of opinion may arise with regard to the legal status, content, and scope of application of this legal maxim under international law, such as: is it enshrined in treaty law (Treaties), customary international law, or general principles of law (Sources of International Law)? Does it apply only to findings required for conviction or to any factual findings that may entail adverse...
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