Legal Definitions - pro defendente

Pro defendente is a Latin legal phrase that translates to "for the defendant." It refers to any action, argument, or decision made in a legal proceeding that is in favor of, or on behalf of, the person or entity being sued or accused.

Here are some examples to illustrate this concept:

• Example 1: During a civil lawsuit where a company is accused of breach of contract, the company's legal team files a motion asking the court to exclude certain documents presented by the plaintiff, arguing they were obtained improperly. The court grants this request.

  Explanation: The court's decision to exclude the documents is made pro defendente because it benefits the defendant company by weakening the plaintiff's case and potentially making it harder for them to prove the breach of contract.

• Example 2: In a criminal trial, the defense attorney presents an alibi witness who testifies that the accused individual was with them in a different city at the time the alleged crime occurred.

  Explanation: The presentation of the alibi witness is an action taken pro defendente, as its sole purpose is to establish the defendant's innocence and provide a defense against the charges.

• Example 3: A judge, after hearing arguments from both sides in a property dispute, rules that the plaintiff has not provided sufficient evidence to prove their claim of ownership, thereby allowing the current occupant (the defendant) to retain possession.

  Explanation: This ruling is pro defendente because the judge's decision directly favors the defendant, upholding their right to possession due to the plaintiff's failure to meet the burden of proof.