摘要
As a major rule of evidence that judicial authorities must abide by when ascertaining factum probandum of a criminal case,the principle of 'in dubio pro reo'has been universally adopted by modern countries under their rule of law in dealing with criminal mysteries and it has also been expressly prescribed in the C riminal Procedure Law of the Peoples Republic of C hina. W hat is the definition of a doubtful crime? It is generally acknowledged that a doubtful case refers to a case in which there is considerable evidence to prove that the accused is highly suspected of having committed a crime but the collection of evidence does not produce the necessary degree of reliance and sufficiency and thus the accused cannot be affirmed to be the real criminal. 'In dubio pro reo'refers to a legal presumption of innocence under circumstances where there is a debate in the criminal justice process because the suspect can be neither cleared of suspicion nor proven guilty. The principle of'in dubio pro reo'has been written into the current C riminal Procedure Law of the People's Republic of C hina and it has also played a role in practice. However,various phenomena still exist in judicial practice such as'presumption of guilt', 'giving the accused partial benefit of the doubt',and'doubtful cases to be adjourned'due to the lack of unified understanding,complete changes in opinion and strong supporting systems,which has not only resulted in unfair decisions in individual cases but seriously affected the fairness of the entire criminal justice system. For this reason, even today when unprecedented achievements have been made about the rule of criminal law,it is necessary for us to complete a serious study on the principle of 'in dubio pro reo'in order to aid society at large,especially public security organs,judicial authorities and their personnel to further unify ideas, enhance common views, and jointly devote themselves to safeguarding criminal justice and promoting the progress of the civiliz ation of the rule of law.
疑罪从无是司法机关认定刑事案件待证事实应当遵循的重要证据法则,是现代法治国家处理刑事疑案的普遍做法,亦为我国刑事诉讼法所明文确认。何为疑罪?通常而言,疑罪是指已有相当证据证明被告人有重大犯罪嫌疑,但全案证据尚未达到确实、充分的程度,尚不能确认被告人就是真正的罪犯。疑罪从无,就是在刑事司法中出现这种既不能排除犯罪嫌疑又不能证明有罪的两难情况下,从法律上推定为无罪的一种处理方式。我国现行刑事诉讼法确立了疑罪从无规则,在实践中也发挥了一定作用,但由于认识尚未完全统一、观念未能彻底转变,加之配套制度不够健全,司法实践中还存在着"疑罪从有"、"疑罪从轻"、"疑罪从挂"等现象,不仅造成个案的处理不公,而且严重影响到刑事司法的整体公正。因此,即使在刑事法治取得前所未有进步的今天,我们仍有必要对疑罪从无问题进行认真研究,以期促进全社会特别是公安、司法机关及其人员进一步统一思想、增进共识,共同致力于维护刑事司法公正,促进法治文明进步。
