The in dubio pro reo Principle in the Inquisitorial Criminal Justice System

Abstract

in dubio pro reo or the benefit of doubt given to accused principle is an essential doctrine in the criminal justice system. Thailand affirms this principle in the Criminal Procedure Code, section 227 paragraph 2. However, after the inquisitorial system was transplanted into Thai criminal justice system, some jurists debate that in dubio pro reo is an accusatorial system principle; therefore cannot be applied to the inquisitorial criminal justice system. When inquisitorial system courts remain uncertain, truth must be determined beyond all doubt. Yet other Thai jurists have opposite viewpoints. While this issue has not been settled by court procedure, the first-mentioned viewpoint has dominated. Studying this issue may benefit academic understanding and courtroom usage. An international comparative legal study was made of the origins and applications of the in dubio pro reo principle in foreign criminal justice systems. Results were that in dubio pro reo is a basic principle that may apply to all international criminal justice systems.