Legal Definitions - probatio plena

Probatio Plena

Probatio plena is a Latin legal term meaning "full proof" or "complete proof." Historically, it referred to a standard of evidence where a fact was established with such overwhelming and conclusive certainty that no reasonable doubt could remain. It implied that the evidence presented was so strong and comprehensive that it left no room for dispute or alternative explanations, effectively proving a matter beyond any question.

While the term itself is not commonly used in modern legal systems, the underlying concept of requiring a very high, conclusive standard of proof for certain critical facts or allegations persists, particularly in criminal law (e.g., "beyond a reasonable doubt") or when establishing foundational facts in civil cases.

• Example 1: Criminal Investigation

  Imagine a scenario where a person is accused of theft. Investigators find the stolen item in the suspect's possession, security camera footage clearly shows the suspect taking the item, and multiple eyewitnesses identify the suspect at the scene. Furthermore, the suspect's fingerprints are found on the display case where the item was kept. This collection of direct visual evidence, physical evidence, and corroborating testimony would constitute probatio plena, as it provides overwhelming and undeniable proof of the suspect's involvement in the theft.

• Example 2: Contract Dispute

  Consider a business dispute where one company claims another failed to deliver goods as per a contract. The first company presents a signed, notarized contract detailing the terms, bank records showing the payment was made, shipping manifests confirming the goods were never sent, and email correspondence where the second company explicitly admits to the non-delivery due to unforeseen circumstances. In this situation, the combination of the formal contract, financial records, shipping documentation, and direct admission would establish probatio plena regarding the breach of contract, leaving no doubt about the failure to deliver.

• Example 3: Establishing Paternity

  In a case to legally establish paternity, a mother presents DNA test results showing a 99.99% probability that a specific man is the father. The man also provides a sworn affidavit acknowledging paternity, and there are birth records listing him as the father. This combination of highly conclusive scientific evidence, a formal admission, and official documentation would be considered probatio plena, definitively establishing the biological relationship without any reasonable doubt.