Burden of proof and in dubio pro reo in the EU law Cover Image

Ciężar dowodu i in dubio pro reo w prawie Unii Europejskiej
Burden of proof and in dubio pro reo in the EU law

Author(s): Waldemar Gontarski
Subject(s): Evaluation research, EU-Legislation
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: EU law; Suspect; Guilt;

Summary/Abstract: Pursuant to Article 6(2) of Directive 2016/343, Member States shall ensure that any doubt as to the question of guilt is to benefit the suspect or accused person, including where the court assesses whether the person concerned should be acquitted. Therefore, at least since 1 April 2018 (deadline for the transposition of the Directive 2016/343), already at the stage of investigation any doubt as to the factual findings and evidence as well as to the interpretation and application of legal provisions shall be resolved in favour of the suspect. This is an absolute rule under Directive 2016/343 meaning that there are not any exceptions applicable.

  • Issue Year: 2018
  • Issue No: 42
  • Page Range: 161-171
  • Page Count: 11
  • Language: Polish