Certainties, Doubts and Proposals on the Standard of the Proof on Criminal Matters

Abstract

Beyond a reasonable doubt, the standard of proof ruling the criminal process raises interpretation issues due to its inaccuracy and to the reference it makes to the subjective assurance of the judge. This article analyzes said difficulties bearing in mind the role the standards of the proof play in the decision on the proof, the circumstances of the application of the standard beyond a reasonable doubt in the "Common law" systems and the challenges that have raised since it was included in the Chilean law. A proposal addressed at determining some criteria for the sufficiency of the proof that allows carrying out a justified and controlled application of said standard of the proof is herein developed.