The Standard of Proof beyond a Reasonable Doubt

Abstract

The standard of reasonable doubt must be read through the prism of the principle enshrined in art. 6 of the European Convention on Human Rights, as introducing an objective standard of proof in Romanian criminal proceedings, which ensures the fairness of the procedure. The essential change in procedural legislation was based on strengthening the procedural guarantees related to the presumption of innocence. Thus, the Code of Criminal Procedure took over the standard of proof from the common law regarding the degree of conviction of the judge, stipulating in art. 103 para. (2) sentence II of the Code of Criminal Procedure that a conviction solution is ordered only when the court is convinced that the accusation has been proven beyond any reasonable doubt. This standard plays a vital role in the criminal process and is the main instrument for reducing the risk of committing judicial errors. The standard of “reasonable doubt”, borrowed from the adversarial system, namely the highest standard of proof, assumes that the position of the prosecution must be proven to such an extent that a reasonable person would no longer have doubts about the guilt of the accused.