Legal Definitions - probatio semiplena

Probatio semiplena is a Latin legal term that translates to "half-proof" or "partial proof." Historically, particularly in civil law systems, it referred to a situation where there was significant evidence pointing towards a fact or an accusation, but not enough to constitute full, conclusive proof for a final judgment or conviction.

Instead of leading directly to a definitive outcome, probatio semiplena often had specific legal consequences. It might be sufficient to:

• Shift the burden of proof to the opposing party.
• Allow for further investigation or the collection of additional evidence.
• Justify certain intermediate legal actions, such as compelling a party to testify under oath or imposing a temporary measure.

It represents a level of evidence that is more than mere suspicion but falls short of the complete certainty required for a final decision.

Examples:

• Contract Dispute: Imagine a business dispute where one company claims another breached a verbal agreement. The plaintiff company presents emails discussing the terms of the agreement and several internal memos referencing the deal, along with a witness who overheard parts of the negotiation. However, there is no signed written contract or definitive recording of the full agreement. This collection of evidence might be considered probatio semiplena. It's strong enough for a court to acknowledge a plausible claim and allow the case to proceed to the discovery phase, compelling the defendant to produce their own records and witnesses, but it's not yet sufficient for the court to rule definitively that a breach occurred.

• Early-Stage Criminal Investigation: During the initial investigation of a theft, police find a distinctive, rare button from a suspect's jacket near the crime scene. They also have an anonymous tip suggesting the suspect was in the area at the time. While this evidence creates a strong suspicion and links the suspect to the vicinity, it doesn't definitively prove the suspect committed the theft (e.g., no eyewitness, no direct forensic link to the act itself, no stolen goods found). This would be probatio semiplena. It's enough for law enforcement to obtain a search warrant for the suspect's home or to bring them in for questioning, but likely not enough to secure an arrest warrant or file charges without further corroborating evidence.

• Professional Misconduct Hearing: A university student is accused of plagiarism. The professor has identified several sentences in the student's paper that are strikingly similar to an online source, but the student claims they paraphrased correctly and merely forgot to cite. While the similarity is strong evidence, it's not a direct copy-paste of an entire section, and the student's explanation offers an alternative possibility. This could be considered probatio semiplena. It would be enough for the university's disciplinary committee to initiate a formal hearing, require the student to provide further explanation or evidence of their research process, and potentially impose a temporary academic hold, but not immediately result in expulsion without a more thorough investigation and conclusive findings.