An alibi has been called a perfect defense. It is proof that at the time the crime was committed the defendant was not at the scene of the crime and could not have participated in it. In order to constitute a complete alibi, it must be proved that it was impossible for the defendant to have been at the place where the crime was committed.
In a legal context, an alibi can be considered a “tool” of the defendant to prove his innocence during the investigation process of a criminal trial, for example. An alibi can be a document, a photograph or a person who has the ability to challenge an accusation.
For example, in the case of a crime, when the accused (the defendant) presents an alibi, he can prove that he was not at the place or time when the crime happened, therefore it is impossible for him to be the criminal.
According to Article 156 of the Code of Criminal Procedure :
” The proof of the allegation shall be incumbent upon the person doing so, but shall be entitled to the court.It determine, in the course of the investigation, or before issuing judgment, the execution of steps to resolve doubts on relevant point”.
Presumption of innocence.
In our time, 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 deals exclusively with the court. This phenomenon is called the presumption of innocence. According to the presumption of innocence, no one can be accused without a court decision. Even in cases where a person’s fault is obvious, there is no doubt, and his actions do not have a double interpretation.
And answering the question of what an alibi is, one should mention the peculiarities of its proof or refutation.Since an alibi is very important part of the legal process, a lot of attention is paid to it. After proving valid evidence, you can immediately get out of suspicion. And, on the contrary, with vague or little confirmed facts, a person immediately becomes one of the suspects.
We have dismantled 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 the process, called the court session. The concept is also taken into account during the preliminary investigation.