معيار الشك المعقول والمعيار المقابل له في النظام الجزائي السعودي

Abstract

This study provides a comprehensive overview of the standard of proof for criminal conviction in the United States, known as the “reasonable doubt” standard, and the standard used for the same purpose in the Saudi criminal justice system. The study covers - with the explanation and comparison between these two standards - some of the essential elements related to them which revolve around the definition, history, origin, and, finally, legitimacy and legality.

The study also provides an adequate explanation of how these two standards work, using the definition of the judicial authority competent to apply them, the regulations related to each standard, and, finally, how to achieve both reasonable doubt and certainty.

Despite the legal protection that covers standards of proof in both American and Saudi laws,  the Saudi law, in contrast to the American, does not specify the method that must be applied to achieve judicial certainty, leaving this issue to the jurisprudence and the discretion of the judiciary.

Accordingly, this study presents a proposal that shows how the standard of certainty should be applied in the Saudi penal system and what conditions must be met to achieve judicial certainty.