Английская Википедия:Half-proof

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Шаблон:Short description Half-proof (semiplena probatio) was a concept of medieval Roman law, describing a level of evidence between mere suspicion and the full proof (plena probatio) needed to convict someone of a crime. The concept was introduced by the Glossators of the 1190s such as Azo, who gives such examples as a single witness or private documents.[1]

In cases where there was half-proof against a defendant, he might be allowed to take an oath as to his innocence, or he might be sent for torture to extract further evidence that could complete the burden of proof.[1]Шаблон:Rp

Sir Matthew Hale, the leading late 17th-century English jurist, wrote:Шаблон:Quote

However, the concept never became firmly established in English law.

Voltaire claimed that the Parlement of Toulouse dealt not only in half-proofs but in quarter-proofs and eighth-proofs,[2] but there is no direct evidence of that.

In later times, half-proof was mentioned in 19th century Scots law[3] and in the 1917 Catholic Code of Canon Law.[1]Шаблон:Rp

References

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External links


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  1. 1,0 1,1 1,2 Шаблон:Cite book
  2. Шаблон:Cite book
  3. J. Erskine, An Institute of the Law of Scotland, ed. J. Ivory, Edinburgh, 1828, II: pp. 965, 972.