But just to make things simpler, here's a little workable example just to illustrate the point as clearly as possible:
Scotland:
Man is tried for criminal offence.
Court is shown enough evidence of guilt to prove guilt on "balance of probabilities", but not to BARD standard.
Court acquits man.
Verdict is "not proven".
Italy:
Man is tried for criminal offence.
Court is shown enough evidence of guilt to prove guilt on "balance of probabilities", but not to BARD standard.
Court acquits man.
Court uses 530.2 to acquit man.
So far so good for the "530.2 = "not proven"" crowd
BUT
Scotland:
Man is tried for criminal offence.
Court is shown zero credible, reliable evidence of guilt.
Man is however unable to prove his factual innocence.
Court acquits man.
Verdict is "not guilty"
Italy:
Man is tried for criminal offence.
Court is shown zero credible, reliable evidence of guilt.
Man is however unable to prove his factual innocence.
Court acquits man.
Court uses 530.2 to acquit man.
WOOPS! We appear to have a Scottish "not guilty" verdict which corresponds with a "530.2" Italian verdict!
What now.......?