Brief analysis of jurisprudence and case law about reasonable doubt standard in Chilean criminal proCcess law

Abstract

This work consist of a concise synthesis on the genesis, history, meaning and scope of the “reasonable doubt” standard, based on what the doctrine and jurisprudence have stated since the new Chilean criminal procedure system entered into force in 2000. The analysis is made from the perspective of the evidential legal reasoning and aims to clarify the existing counterpoint between the “objective” interpretation of the standard, as it is fostered by the doctrine, and the “subjective” standpoint historically hold by our courts. It also addresses the systematic problem that the dissenting absolving vote of a judge of an oral criminal court poses within the judgement and its impact on the configuration of the mentioned standard.