近年来,有利被告论在国内备受热议。然而,关于有利被告是只适用于程序刑法还是同时适用于实体刑法,以及其在程序刑法领域的具体适用范围等,分歧颇大。此等分歧的解决有赖于将有利被告这一外来语置回西方语境中予以梳理。尽管梳理的结果表明,有利被告之定位在西方也并未形成通说,但是,将其定位为一条同时适用于程序与实体的刑事法原则更为恰当。因为其不但在程序法领域中作为独立于无罪推定之外而在事实存疑的前提下适用于案件事实认定的一条原则,对法院认定案件事实的行为具有普遍的制约力,而且,也有在刑法存疑的前提下作为指引法院确定刑法的适用的一条一般原则发挥作用的余地。 In recent years, the favorable defendant’s speech has been much heated in the country. However, the disagreement on whether the favorable defendant applies only to procedural criminal law or to both substantive criminal law and its specific scope of application in the field of procedural criminal law is quite different. The solution to these differences rests on combing the foreign words of the favorable defendants back to the Western context. Although the results of the combing show that the location of a favorable defendant has not yet been clarified in the West, it is more appropriate to position it as a principle of criminal law that applies both to procedure and to the entity. Because not only does it apply to the determination of the facts of a case on the premise that facts are independent of the presumption of innocence independent of the presumption of innocence in the field of procedural law, it has universal restraint on the court’s finding of the facts of the case and, moreover, Under the premise of doubts as a guide to guide the court to determine the application of the criminal law to play a general principle of the room.