The presumption of innocence: legal and ethical aspects

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2018-03-27 11:38:07

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The Presumption of innocence in criminal proceedings – it is a kind of conditional rule that the person who committed the crime in absentia to be considered innocent until his guilt is proven. Such a presumption is established only for criminal law, the civil or economic characteristic presumption of guilt, that is, a person is guilty in absentia, and he will need to bring proof of his innocence.

The Presumption of innocence is the most important principle of ensuring strict respect for human rights, wrongly convicted or charged. To accuse individual of a crime requires not just words, but quite compelling evidence relevant to the point and permitted by law, the duty of proving the guilt of the person is vested in the investigative and other state authorities.

In article 49 of the Constitution States the following: “Any defendant in the crime is not guilty until then, until guilt is proven in accordance with Federal law and enforceable judicial sentence”. Based on the foregoing, the presumption of innocence guaranteed by the Supreme legal act of the country, which are obliged to respect all citizens and investigative authorities, regardless of their opinions.

The Main purpose of the presumption is a procedural containment of all actors in the proceedings, and any other individuals against the suspect (accused), that allows to provide complete investigation of all circumstances of the case, and protects the rights of the accused from deliberately negative attitude.

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Whatever it was, in almost all cases, the parties to the proceedings acting for the prosecution, are absolutely convinced of the guilt of the person that is a moral violation of human rights, but on the side of the accused is a law that says a person is innocent, and requires all participants to be impartial. And only since joining the charges of the court, the convict is considered guilty of a crime and may be subject to criminal penalties.

The Presumption of innocence not only protects from illegal charges on the part of the servants of the law, but also from the public accusations of the mass media, and various household services. Any attacks and accusations can be attributed to the violation of the law.

If we consider the presumption of innocence under criminal law, the most important point is not so much the innocence of the person in the eyes of the law, and how optionality is independent of proving his innocence. Thinking through all the aspects of the presumption, the legislator clearly represented the complexity of independent search of evidence, because the person who has never faced a “system”, but only familiar with it from literature, you may just get confused or frightened, which may result in an error and charges an innocent.

At the same time, the defendant retained the right to self-evidence and his participation in the proceedings. If desired, the defendant/accused has the right to put forward his version of the incident and provide evidence proving it.

The Presumption of innocence has an impact not only on the person deemed guilty, but the investigators, revealing the crimes committed. It is the principle of the presumption should guide the investigator to determine the facts of the case, as if recognized guilty of a respectable and innocent man, then suspicion, as illegal charges, will be in the nature of legal, judicial and moral errors, degrading the honour and dignity of the person.

Thus, the presumption of innocence – is not only a legal right of every human being, but protection from mental discomfort.


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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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