内心确信 meaning in English
moral certainty
Examples
- If the judge could n ' t exclude the possibility of existence of reasonably adverse fact , in another words , he could n ' t come to the state of good faith , he will pronounce the defendant " not guilty " . in order to find facts of cases and restrict judges " subjectivity and abuse of power , doctrine of discretional evaluation of evidence has inherent and systematic restrictions : the base of judgment is evidences in adversary proceeding ; judges should conform to logic and experiences ; judges must come to the state of " good faith "
“排除合理怀疑”要求充分排除合理的反对事实存在的可能性,并本着诚实的判断认为犯罪事实存在,才达到被告人有罪的内心确信,从而作出有罪事实的认定;如果法官不能充分排除合理的反对事实存在的可能性,或者不能依靠内心真诚的判断来排除合理的疑问,就是未达到有罪的内心确信,应当作出被告人无罪的判决。