Presumption of innocence and standard of proof in criminal proceedings: Reflections on the Chilean case

Abstract

The standard of proof plays an important role in the adjudication task, because only if the standard is exceeded we can say that a statement of fact has been proven. Only then, we can determine if the presumption of innocence is defeated. This intellectual operation must be expressed by the judge in the sentence. The consequence of this duty is that the standard of proof has the utility to prevent a judge´s subjective decision at the time of the adjudication. And so, prevent a conviction based only in an arbitrary decision. Therefore in criminal law, a standard of proof, in a constitutional level, is a mechanism of protection of the presumption of innocence. Yet, in our legal system, this standard doesn't fulfill that task.