¿ES UN DISLATE EXIGIR LA MOTVACIÓN DE UNA SENTENCIA ABSOLUTORIA POR DUDA RAZONABLE?
Keywords:
PRESUMPTION, PRESUMPTION OF INNOCENCE, STANDARDS OF PROOF, REASONABLE DOUBT, JUDICIAL CONVICTION, GROUNDS FOR JUDGEMENT (AND VERDICTS)Abstract
Th anks to its diff usion by high courts and leading lawyers, it is widely held that acquittals (and verdicts of innocence) do not require grounds, as it would otherwise lead to the absurd requirement of having to prove innocence, thereby derailing the most defi ning element of the presumption of innocence.
In this article, however, we show that this dilemma is based on a misunderstanding