存疑有利于被告原则的理解与适用

Understanding and Application of Principle of Favoring the Accused when in Doubt

存疑有利于被告原则具有人权保障、国家责任、控辩对等和国家刑事政策方面的依据,它是解决刑法中事实不明时的裁判规则,它有别于罪刑法定原则、无罪推定原则和择一认定原则,具有实体法和程序法两方面的性质.存疑有利于被告原则在有根据的合理怀疑和控诉方履行举证责任后案件事实仍真伪不明的前提下,在判断犯罪是否成立、处断犯罪的罪数、断定犯罪的效果、追诉时效以及法律解释存疑时有其适用空间.

The principle of favoring the accused when in doubt, whose theoretical basis are human rights protection, national responsibilities, equality between prosecution and defense and national criminal policies is a judgment rule in settling non liquet case in Criminal Law. The Principle, which is quite different from the principle of legality, the principle of presumption of innocence and the principle of ＂Wahlfeststellung＂, has features of substantive law and procedural law. Under the condition that the facts are still unknown after some solid and reasonable doubts and that the prosecution has conducted the responsibility of proof, the principle is applicable to judge whether there is a crime, award the number of crime, affirm the effects and the limitation of prosecution and explain the law when it is inexplicit.