In dubio pro duriore
The principle " In dubio pro duriore " ( Latin for: " In case of doubt for the harder ") is a catchphrase for a part of the legality principle . According to this, the public prosecutor's office (or another investigating body) is obliged to bring charges in the criminal proceedings even if, at the end of the investigation, there are both weighty circumstances that speak in favor of the accused being perpetrated and weighty circumstances against it. This means that a different standard applies to the bringing of charges than to the later proceedings, in which doubts work in favor of the accused ( In dubio pro reo ). The principle of In dubio pro duriore is intended to ensure that jurisdiction is reserved for the courts in the appropriate procedures.
Switzerland
The principle “ In dubio pro duriore ” is a fixed term ( terminus technicus ) in Swiss law . According to the case law of the Federal Supreme Court , the principle only requires “in case of doubt, to file or transfer charges. As a practical guideline, a charge must be brought if a conviction appears more likely than an acquittal ”. The public prosecutor's office may only be hired if there is clear impunity or there are obviously no procedural requirements. In the Swiss Code of Criminal Procedure , the principle arises indirectly from Art. 324 para. V. m. Art. 319 para. 1 StPO .
Germany
In terms of content, the principle of In dubio pro duriore also applies in German law. According to the case law of the Federal Court of Justice , the prosecution's monopoly of indictment must not serve to undermine the allocation of jurisdiction to the courts in Article 92 of the Basic Law . Therefore, the public prosecutor's office may not discontinue proceedings in which there is a “not inconsiderable possibility” that a judge will find the defendant guilty.
See also
Individual evidence
- ↑ Compare e.g. B. BGer, judgment of April 11, 2008, 6B_588 / 2007 [1] ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. and Donatsch / Schmid, Code of Criminal Procedure of the Canton of Zurich, § 38 N. 15.
- ↑ See BGer, judgment of April 11, 2008, 6B_588 / 2007 [2] ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. .
- ↑ BGer, judgment of April 20, 2011, 1B_1 / 2011 [3] ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. .
- ↑ BGHSt 15, 155, 160.
- ↑ OLG Bamberg NStZ 1991, 252.
