This is because the defendant's power is far less than that of state organs, while the reconnaissance ability and execution ability of public security and procuratorial organs are far superior to the defendant's personal defense ability and protection ability. When the evidence obtained by public security and procuratorial organs cannot reach the level of excluding reasonable doubt, it is natural to make a judgment in favor of the defendant.
The principle of "no doubt" shows that when there is doubt between guilt and innocence, the defendant is declared innocent; When there is doubt between a felony and a misdemeanor, it is considered a misdemeanor; When the actual number of crimes is in doubt with one crime, it is ruled as one crime; When there is doubt about the aggravating circumstances, the aggravated punishment should be denied.
In addition, this principle also applies to the preconditions of litigation. If it is uncertain whether the criminal act has exceeded the limitation of prosecution, it shall be considered that it has exceeded the limitation of prosecution and shall not be prosecuted.
Extended data:
Wu Mou, a 60-year-old man from Sichuan, was accused of molesting a girl with mental retardation of1/kloc-0 years old in Nanhai two years ago, and the police initiated a criminal investigation. Although the public security organs conducted two supplementary investigations, the Nanhai District Court ruled that Wu was not guilty because of insufficient evidence. The reporter learned from Foshan Intermediate People's Court that after the first-instance judgment of the case, the Nanhai District Procuratorate filed a protest, and the Municipal Procuratorate withdrew the protest improperly. The court of final appeal ruled that the judgment of first instance came into effect.
2065438+June, 2003 1 day, Su Moumou, a woman from Jiujiang Town, Nanhai District, reported to the local police station that her daughter Xiaohui (a pseudonym) had been repeatedly molested by the old neighbor.
This beggar, nicknamed Wu by local villagers, worked as a security guard in a factory in Jiujiang. At the age of 58, he rented it next door to Su Jia.
Xiaohui's father introduced that her daughter is only 1 1 year old, suffering from mental retardation and mental disorder; Xiaohui's mother Su Moumou, who called the police, also suffered from manic depression and mental illness. Both mother and daughter had disability certificates and were still taking medicine.
Xiaohui told the police that on the morning of the incident, her parents went to work, and a man came to her house. He pushed her to the ground with a kitchen knife in his right hand, molested her and fled the scene a few minutes later. Xiaohui immediately called her parents, and her mother Su Moumou went to the police station to call the police. According to Xiaohui's memory, the man also molested her many times in May.
The defendant denied that the court supported the accusation.
In the police interrogation transcripts of Wu Mou, a beggar, Wu Mou has always denied that he has done anything improper to Xiaohui.
The case was investigated twice by the public security organs, only the victim's statement and his mother's indirect confession, while his father made it clear that it was meaningless to pursue Wu's criminal responsibility and hoped that Wu would compensate for some losses.
20 14 1, Wu's lawyer Rong said: "I also made a record for Wu, and he firmly denied that he had molested the victim, so we pleaded not guilty." Lawyers believe that only the victim's statement in this case is isolated evidence; The victim belongs to mental patients and minors, and his cognitive ability is limited.
The court held through trial that the victim's statement and the defendant's confession were "one-on-one" evidence. According to the principle of "the interests of doubtful points belong to the defendant", the public prosecution agency accused Wu Mou of insufficient evidence and sentenced Wu Mou to innocence.
Subsequently, the Nanhai Procuratorate protested against the judgment of the first instance. During the second trial, Foshan City Procuratorate considered the protest improper and withdrew it. Recently, Foshan Intermediate People's Court ruled that the first-instance judgment came into effect. Wu has received a ruling from the court of second instance. The case lasted nearly a year and a half. Lawyer Rong believes that the court acquitted the defendant on the basis of "one-on-one" evidence, which shows the judicial progress in recent years.
Baidu encyclopedia-judicial system
People's Daily Online-A man accused of molesting a girl was acquitted for lack of evidence.