The article talks about what an alibi is, what it can be when it is considered subjective and where this term is most often used.
Law
Residents of more or less developed countries have long been accustomed to the fact that their personal interests can always be defended in court, or at least try. And also to the fact that no one can be blamed for no reason. But these seemingly absolutely natural and correct principles did not always prevail in society. If we consider the example of our country, then the same torture was legally abolished by the tsar’s decree only at the beginning of the 19th century, and before that they had an absolutely legal form. And, of course, even innocent people were admitted under torture. The same goes for the defense of the suspect and the lawyers. Although the latter exist from ancient times, but again, until the beginning of the XIX century, the peasant estate even simply did not have the right to protection.
Fortunately, everything changed gradually. Already in the first half of the 20th century, in most developed and civilized countries, the processes themselves, the investigation and the inquiry, took an adequate, legally competent and humane form. And an alibi is one of those terms that lawyers often use when defending a suspect. Or concepts used by prosecutors at the same court hearings. So what is an alibi, what does it happen? In this we will figure it out.
Definition
Alibi refers to a legal term that is primarily used in criminal law. Its semantic load implies the presence of a number of factors, evidence, circumstances and witnesses, which indicate the non-involvement of the defendant or the suspect in the commission of a crime. Simply put, this is the presence of factors and evidence according to which a person could not be at the scene of the crime at the time of its commission and was in another, to which there are witnesses and evidence. Now we know what an alibi is.
Examples
For assimilation and understanding, consider the following situation. For example, the crime was committed on 01/01/15 at 20:00. The police established a circle of suspects and began their interrogation or detention. And if one of them was able to prove that he was in a different place, for example, at home during the crime, this fact will be his alibi. Naturally, words alone are not enough, you need to provide evidence. For example, the testimonies of neighbors, the recording of a surveillance camera, etc. can be taken into account. And if he brought several evidence at once, then this phenomenon is called an “iron” alibi.
Presumption of innocence
According to the presumption of innocence, no one can be accused or recognized as such without a court order. Even in cases where the guilt of a person is obvious, there is no doubt, and his actions are not double-interpreted. And answering the question of what an alibi is, one should mention the features of his proof or refutation. According to them, in Russian law, if the defense claims that the suspect has an alibi, then the prosecution is responsible for collecting evidence or refutation materials. Agree: now we know what an alibi is.
Rebuttal
An alibi can be recognized as refuted only if the court provided the party with the prosecution or other participants in the proceedings with solid evidence that the suspect was indeed at the scene of the crime. Or stayed close to him at the time of its commission. Since an alibi is a very important part of the trial, a lot of attention is paid to it. After all, having proved its substantial presence, one can immediately get out of suspicion. And, on the contrary, with indistinct or little confirmed facts, a person immediately becomes one of the suspects.
Alibi subjective concept
Nowadays, no one can be blamed for nothing. Even if no one doubts this fact and there is irrefutable evidence. It is the prosecution and sentencing that is the sole responsibility of the court. This phenomenon is called the presumption of innocence. The same goes for an alibi. Its most unlikely facts must be verified in detail before being deemed invalid. However, there is such a semi-official concept as a subjective alibi. So what is its meaning?
Everything is very simple. A similar alibi is a set of facts and circumstances related to the personality characteristics of the suspect, his physiology, the specifics of the incident, which implies the initial impossibility of committing a crime. For example, a fragile girl can hardly kill two men in hand-to-hand combat. Or a legless disabled person could not have stolen a store, and then fled.
Conclusion
We have understood the concept of "alibi." And we know what it is. As you can see, this legal term includes many features. It is a very important part of a process called a trial. The concept is also taken into account during the preliminary investigation. And the collection of his evidence is approached especially carefully, since the final result depends on them.