Insight

Presumption of innocence and in dubio pro reo: two guarantees that are not the same

Presumption of innocence and in dubio pro reo: two guarantees that are not the same

PA

Written by Pardo Geijo Abogados

Published: June 10, 2026

Presumption of innocence and in dubio pro reo: two guarantees that are not the same

Two of the most important principles of criminal proceedings are also two of the most confused. The presumption of innocence and the principle in dubio pro reo are distinct concepts, operating at different moments and producing different effects, even though in everyday language they are used as synonyms. Understanding the difference explains why many trials end in acquittal and why the burden of proof falls on the prosecution.

The presumption of innocence is a fundamental right recognised in Article 24.2 of the Constitution, in the European Convention on Human Rights and in the Universal Declaration. It means that every accused person must be considered innocent until their guilt is established by a final judgment. It operates in three simultaneous dimensions: as a rule of treatment, the accused cannot be treated as guilty before conviction; as a rule of evidence, guilt must be established by the prosecution with sufficient incriminating evidence obtained with all the guarantees, without the defence having to prove innocence; and as a rule of judgment, if in the end a reasonable doubt persists, the court must acquit.

From this derives the burden of proof: whoever accuses must prove, and the accused does not have to demonstrate that they are innocent. If the prosecution does not provide sufficient evidence to establish guilt beyond all reasonable doubt, the court must acquit, even if the accused has provided no evidence at all or their account is not entirely convincing. This rule responds to the asymmetric cost of error: convicting an innocent person is far more serious than acquitting a guilty one.

The required standard is certainty beyond all reasonable doubt: not an absolute certainty, impossible to attain, but something more demanding than mere probability. A reasonable doubt is one that, based on reason and common sense, has an objective foundation.

The principle in dubio pro reo, which means when in doubt, in favour of the accused, is a rule of evidentiary assessment that operates in the final phase of the process: when the court, having examined all the evidence, faces the uncertainty that it points to guilt but without sufficient force. At that moment, the doubt must be resolved in favour of the accused. Unlike the presumption of innocence, which is a fundamental right with constitutional rank, in dubio pro reo is a procedural rule that complements and gives concrete shape to it.

The essential differences are three. The timing: the presumption of innocence operates throughout the process; in dubio pro reo, only in the final assessment of the evidence. The nature: the first is a fundamental right whose infringement can be taken to an appeal for protection (amparo); the second, a procedural rule that can be invoked in cassation. And the scope: the presumption of innocence is infringed by convicting without sufficient incriminating evidence; in dubio pro reo, by convicting despite acknowledging reasonable doubts.

Both act in a complementary way. For the defence, the strategic key is not always to prove innocence, but to generate reasonable doubts about the prosecution's account: to identify gaps in the chain of evidence, question the reliability of witnesses and offer alternative explanations. If those doubts are reasonable, the court must acquit.

Trending Articles

What AI Visibility Means for Lawyers


by Josh Rupall and Bryan Driscoll

AI tools increasingly interpret lawyers public information. Clear, consistent and credible sources help ensure they describe legal expertise accurately.

AI dashboard visualizing a lawyer's online profile, reputation, and practice information across mult

Recognizing Legal Leaders: The 2027 Best Lawyers Awards in Australia, Japan and Singapore


by Jamilla Tabbara

Market drivers, diversity trends and the elite practitioners shaping the legal landscape.

Illustrated maps of Australia, Japan and Singapore displayed with their national flags, representing

Musk v. Altman: The Lawyers Behind the Case


by Jamilla Tabbara

Meet the Trial Lawyers Shaping One of AI's Biggest Legal Disputes.

Portrait photos of Elon Musk and Sam Altman positioned in front of the OpenAI logo.

Can You Go to Jail at an Arraignment?


by Bryan Driscoll

Understanding What Happens at Your First Court Appearance.

A heavy chain lying on the ground in the foreground with a blurred figure standing in the background

Announcing the 2027 Best Lawyers Awards: Austria, Germany and Switzerland


by Jamilla Tabbara

Celebrating the legal professionals throughout Central Europe.

Graphic displaying three-dimensional map cutouts of Austria, Germany and Switzerland.

The Legal Teams Behind the Blake Lively–Justin Baldoni Settlement


by Grace Greer

A closer look at the legal teams and attorneys involved in the Blake Lively–Justin Baldoni litigation and its resolution.

Split-screen image of Blake Lively and Justin Baldoni

The Best Lawyers in France 2027: Peer-Reviewed Excellence


by Jamilla Tabbara

Seventeen editions of peer trust, a growing profession and a dynamic legal market.

3D Map of France with National Flag Graphic

Colorado’s 2026 Water Rights Battles


by Bryan Driscoll

A new era of conflict begins.

Colorado Water Rights 2026: A New Era of Conflict headline

2027 Best Lawyers Awards: Honoring Excellence in the Legal Profession


by Jamilla Tabbara

Recognizing the outstanding attorneys leading top practice areas nationwide.

United States with American flag representing The Best Lawyers in America 2027 awards

What Happens if You Don't File Taxes


by Bryan Driscoll

The penalties are real, but so are your options. Here's what the IRS can do and what you can do about it.

A torn dollar bill revealing a watchful eye, surrounded by flying documents

New England's Climate Litigation Surge


by Bryan Driscoll

What law firms need to know

New England's Climate Litigation Surge: What Firms Must Know headline

What Is a Quitclaim Deed? Uses, Risks and When to Get Help


by Bryan Driscoll

A quitclaim deed can be one of the fastest ways to transfer property but knowing when it's the right tool and when it isn't, can save you from serious legal and financial headaches down the road.

One hand holding a wooden house model and another holding house keys.

An Employee's Guide to Non-Disclosure Agreements (NDA)


by Bryan Driscoll

Before you sign anything, here's what you need to know about non-disclosure agreements.

Figure stands before an open giant book, holding a large key, facing a keyhole on the inner page.

How to Optimize Your Best Lawyers Profile for AI Search


by Everett Sizemore

Learn how a complete, well-structured Best Lawyers profile can strengthen your visibility and accuracy across AI search platforms.

A laptop screen displaying the Best Lawyers profile dashboard showing customizable sections.

Best Lawyers Launches ChatGPT App


by Jennifer Verta

Expanding Trusted Legal Guidance Into AI-Driven Search

A glowing digital network overlay on a person typing on a laptop, representing AI in legal search.

Turn Client Questions Into Content That AI Search Can Find


by Bryan Driscoll and Manny Candal

Client questions are becoming search inputs. Your firm’s content should answer them clearly.

Pile of question marks with a single bright yellow question mark in the center, representing search.